What Is a Pretrial Conference in Illinois Workers’ Comp?

By Workers’ Compensation Attorney Matthew C. Jones

A pretrial conference in an Illinois workers’ compensation case is a meeting with the arbitrator where the attorneys discuss disputed issues, possible settlement, and whether the case should be set for a hearing. The arbitrator may recommend a settlement value, payment of benefits, or approval of treatment. Those recommendations can help resolve a dispute, but they generally are not binding decisions on the merits.

If your lawyer says your case is scheduled for a “pretrial,” that usually means the attorneys will appear before the Illinois Workers’ Compensation Commission (IWCC) arbitrator by video. It does not necessarily mean you will testify, your case will settle, or the insurance company will be ordered to approve surgery that day.

At McHargue & Jones, our Chicago workers’ compensation lawyers use pretrial conferences to resolve disputes and move cases forward for injured workers throughout Illinois. We have far more pretrials than trials. Many problems can be resolved without putting the client through a contested hearing. But when the insurance company will not agree to an acceptable resolution, the next step may be preparing the evidence and setting the case for trial.

How Is an Illinois Workers’ Comp Pretrial Conference Scheduled?

A pretrial often follows a petition or motion asking the arbitrator to address a dispute or set the case for a hearing. The usual sequence is:

1. A party files the appropriate hearing request or motion and gives the required notice.
2. The request is presented at the arbitrator’s status call. The arbitrator conducts a monthly call, although an individual case does not necessarily appear on every monthly call.
3. The arbitrator sets a pretrial date. The IWCC’s posted procedures provide for pretrials to be set at the status call, with the times sequenced through CompFile.
4. The attorneys attend the pretrial to discuss the specific issues and whether the matter can be resolved or needs a trial date.

Under the IWCC’s posted procedures, status calls and pretrial conferences are generally conducted virtually through WebEx, unless the arbitrator orders otherwise. Your lawyer should confirm the actual date, time, and attendance instructions.

What do Section 19(b), Section 8(a), and a request for hearing mean?

• Section 19(b) provides an expedited hearing procedure for disputed benefits. It can be used when the worker is not receiving medical benefits or temporary disability benefits claimed to be owed, including disputes over surgery and stopped TTD payments.
• Section 8(a) concerns medical benefits, including treatment reasonably required to cure or relieve the effects of the work injury. A filing referring to “19(b)/8(a)” may therefore concern a request to have a medical-treatment dispute heard. Section 8(a) identifies the benefit at issue; it does not, by itself, guarantee a particular pretrial date or approval.
• A request for a trial date asks the arbitrator to schedule an evidentiary hearing. That request can concern an unresolved benefits dispute or a case ready for a decision on permanent disability.

Illinois’s motion rules require 15 days’ advance service for Section 19(b) immediate-hearing motions and motions requesting a trial date before the noticed status call. That is a notice requirement, not a promise that trial will occur 15 days after filing.

Can a hearing be requested if the case is not on the regular status call?

Yes, in qualifying circumstances. The rules allow a request for a trial date in a case that is not on that month’s status call when a proper Section 19(b) petition has been filed, death or permanent total disability benefits are claimed, or the arbitrator finds special circumstances warrant advancing the case. The request still must follow the applicable procedures.

How long does it take to get a pretrial or trial date?

The timing depends on notice, the arbitrator’s calendar, the hearing location, and whether the evidence is ready. The IWCC’s general procedures state that cases deemed ready at the monthly status call receive a trial date in the following month. Your lawyer should explain how that schedule applies to your case and whether depositions or other preparation remain outstanding.

A Section 19(b) petition does not mean an immediate same-day trial. Section 19(b-1) is a separate emergency procedure with different requirements and deadlines; its deadlines should not be confused with an ordinary 19(b) request.

What Happens at the Pretrial Conference?

The attorneys explain the issues they want the arbitrator to address. That may include the accident history, the treating doctor’s recommendation, the IME opinion, unpaid TTD, medical bills, a settlement demand, or the reason one party believes the case should proceed to trial.

The arbitrator may ask questions, identify missing information, discuss the strengths and weaknesses of the parties’ positions, or recommend a way to resolve the dispute. Sometimes the attorneys agree to follow the recommendation. Sometimes they need to speak with their clients or obtain settlement authority. Sometimes they cannot agree, and the discussion turns to a hearing date.

The purpose is to address the problem holding the case up. It is usually an attorney discussion, rather than a proceeding where the injured worker testifies and each side formally introduces its evidence.

What Issues Can a Workers’ Comp Pretrial Help Resolve?

Settlement value or a demand that has gone unanswered

A pretrial can help the parties evaluate what an Illinois workers’ comp case is worth. The attorneys may discuss the injury, treatment, wages, permanent restrictions, ability to return to the former job, and other factors affecting the claim.

Sometimes we have submitted a settlement demand and months have passed without an offer or meaningful response. A pretrial brings that delay before the arbitrator. We may seek a recommendation, a response to the demand, or a trial date if the matter is ready and the insurance company will not negotiate reasonably.

A recommended value is useful information. It does not require you to accept a settlement, and it does not mean the insurance company has agreed to pay that amount.

A denied accident or an unclear reason for denying the case

Sometimes an insurer has denied the case without clearly explaining its position. At pretrial, the defense attorney may need to describe what the insurer is actually disputing and what supports the denial.

For example, suppose the defense says a worker had shoulder trouble ten years ago and the insurer believes the current problem is preexisting, but it has not obtained an IME. The worker’s lawyer can explain the new accident, the intervening medical history, the current restrictions, and the treating doctor’s opinion.

Depending on the information presented, the arbitrator might recommend paying TTD while the insurer obtains its examination, or authorizing treatment rather than continuing an unsupported delay. An old shoulder problem does not, by itself, answer whether the current work injury caused or aggravated the condition. Pretrial can expose the actual disagreement and show what evidence is needed to resolve it.

That example illustrates how a pretrial can work; it is not a report of a particular case or a guaranteed recommendation. For the broader options after a denial, read our guide to denied workers’ comp claims in Illinois.

An IME dispute, denied surgery, or a refused diagnostic test

A pretrial can address a disagreement between the treating physician and the insurance company’s IME doctor over causation, work restrictions, or the need for treatment. The dispute may involve surgery, an injection, a diagnostic study such as an MRI or EMG, or another recommended procedure.

The attorneys can explain why the doctors disagree and which records or tests support their positions. The arbitrator may recommend approving treatment, continuing benefits, obtaining additional medical information, or preparing the dispute for hearing.

Read more about IME doctor versus treating doctor disputes and what to do when workers’ comp denies surgery.

Stopped TTD checks or unpaid benefits

If the insurer stopped paying wage benefits, a pretrial may focus on the current off-work note, restrictions, available work, the IME report, or the insurer’s stated reason for the cutoff. The arbitrator’s recommendation may persuade the insurer to restart payments or pay arrears. If it does not, a contested hearing may be necessary. Our guide explains what to do when workers’ comp stops your TTD checks.

Is the Arbitrator’s Pretrial Recommendation Binding?

Generally, no. A recommendation about settlement value, surgery, causation, or TTD is ordinarily not an enforceable decision on those disputed benefits. It reflects the discussion at pretrial, before the full evidentiary record has been presented.

The arbitrator can set a trial date and address procedural matters. The parties may also reach an agreement that resolves the problem, with any required approval or documentation handled separately. Those are different from a contested award entered after a hearing on the merits.

This distinction matters when an injured worker hears, “The judge said they should approve your surgery.” That may be an important development. But if the insurance company refuses to follow the recommendation, the lawyer may still need to prove the claim at an evidentiary hearing.

Sometimes the defense lawyer recognizes the risk but needs the arbitrator’s assessment to explain it to the employer or insurer and seek authority. A pretrial can help make that conversation happen. It can also reveal weaknesses in the injured worker’s case that should be considered before deciding whether to settle or proceed.

What if One Side Wants a Trial and the Other Does Not?

Either side may ask for a hearing date. The other side may object, request additional time, or argue that records, an examination, or depositions remain outstanding. The arbitrator considers the request, notice, readiness of the case, and reasons offered for delay. One party’s objection does not automatically prevent a trial date.

The attorneys may arrive hoping to reach a compromise and leave with a trial date because no acceptable agreement was possible. Or they may resolve enough issues that a trial is no longer necessary.

The IWCC’s general procedures also state that once a matter has had a pretrial, another pretrial is not necessarily required. The parties can report that the case remains ready for trial, and the arbitrator may set it for hearing.

When Is It Time to Stop Asking and Set the Case for Trial?

Pretrial conferences are useful. They can resolve disagreements without the delay, expense, and uncertainty of a full hearing. We use them frequently because getting our client the needed treatment or benefits by agreement can be a very good result.

But there is a difference between requesting benefits repeatedly and taking the steps needed to obtain a decision.

If your surgeon recommends an operation, the insurance company relies on an IME to deny it, and successive pretrials produce the same refusal, another conference may not solve the problem. If you want to pursue the surgery and there is no acceptable compromise, the case may need doctor depositions, organized medical evidence, and a trial date.

Returning every few months to ask for the same treatment is not necessarily moving the case forward. Sometimes a further conference is productive because new evidence is coming, approval is being considered, or negotiations are close. But your lawyer should be able to explain what the next conference is expected to accomplish and what happens if the insurer still says no.

At our firm, we use pretrials to seek a resolution while preparing to prove the case when necessary. If the parties cannot reach a compromise our client wants to accept, we are prepared to ask the arbitrator to hear the evidence and decide the disputed benefits.

What Happens at the Actual Workers’ Comp Hearing?

At a contested arbitration hearing, commonly called a workers’ comp trial, the parties ordinarily appear in person at the assigned IWCC hearing location. The arbitrator receives evidence and decides the issues presented. There is no jury.

Depending on the dispute, the evidence may include:

• Your testimony and testimony from other witnesses;
• Medical records, diagnostic reports, bills, and work-status notes;
• Treating-doctor and IME deposition transcripts;
• Accident reports, job-duty evidence, and wage records; and
• Other admissible exhibits addressing the contested issues.

The arbitrator’s decision is based on that record. A Section 19(b) hearing can decide disputed treatment or temporary benefits while leaving permanent disability and other later issues for further proceedings. Winning that hearing does not necessarily end the entire claim, and review or appeal may follow.

Our Illinois workers’ comp hearing and trial guide explains the preparation, testimony, medical depositions, and decision process in more detail.

Why Trial Experience Matters Even if Your Case Settles

We believe the ability and willingness to try a case are important to negotiations. The insurer must evaluate the evidence, the benefits at stake, and the risk of an adverse decision. Thorough preparation and a record of taking disputed cases to hearing can make that risk more concrete.

Our published results include:

• A denied hip replacement in Joliet: Matthew C. Jones tried the Section 19(b) case and obtained approval of hip replacement surgery, past-due TTD, and medical benefits. Read the Joliet hip-replacement trial win.
• A warehouse hand-surgery dispute: Adam Rosner tried the case after the insurer disputed causation and denied surgery. The arbitrator ordered the recommended hand surgery and payment of medical expenses. Read the warehouse hand-surgery trial win.

These cases show why an injured worker needs more than requests for reconsideration when a dispute cannot be resolved. Pretrial is an important tool. Trial preparation and the willingness to present the evidence are important too.

Prior results do not guarantee a similar outcome. Every case depends on its own facts and evidence.

Frequently Asked Questions About Illinois Workers’ Comp Pretrials

Do I have to attend my workers’ comp pretrial conference?

If you are represented, the attorneys ordinarily handle the conference and you generally do not testify. Confirm with your lawyer whether you must attend or remain available by phone. Follow any specific attendance direction from the arbitrator. A self-represented worker must handle their own appearance.

Does a pretrial mean my case is going to settle?

No. Settlement is one possible purpose, but a pretrial can also address denied benefits, treatment, missing information, or a trial date. You decide whether to accept a proposed settlement after discussing the terms and risks with your lawyer.

Can my surgery be approved or my TTD restarted after pretrial?

Yes, if the employer or insurer agrees to authorize treatment or resume benefits. The arbitrator’s recommendation may help obtain that agreement. If the dispute remains contested, a recommendation alone ordinarily does not compel payment or treatment; an evidentiary hearing may be needed.

Is a pretrial the same as a Section 19(b) hearing?

No. A pretrial is a conference to discuss the dispute and next steps. A Section 19(b) hearing is an evidentiary proceeding in which the arbitrator can decide disputed benefits. Filing a 19(b) petition may lead to a pretrial before the contested hearing.

Does another pretrial mean my lawyer is delaying the case?

Not necessarily. Another conference may be useful if new evidence is being developed or a resolution is close. Ask what the next conference should accomplish, what remains before the case is ready for trial, and whether a trial date will be requested if the dispute remains unresolved.

What should my lawyer tell me after the pretrial?

You should understand the defense position, the arbitrator’s recommendation, whether anything was agreed to, and the next step. If the case remains unresolved, ask whether a trial date was requested or set, what evidence still needs to be obtained, and what you need to do to prepare.

About the Author

Matthew C. Jones is a partner at McHargue & Jones, LLC and an Illinois workers’ compensation attorney. He has tried more than 100 cases before the IWCC and represents injured workers in disputed treatment, disability-benefit, and settlement matters.

Illinois procedural sources

• IWCC arbitration procedures, including the posted WebEx, supplemental pretrial, general arbitration, and hearing-exhibit procedures.
• 50 Ill. Admin. Code Part 9020, particularly Sections 9020.60, 9020.70, and 9020.80.
• 50 Ill. Admin. Code Part 9030, particularly Section 9030.20 on setting a case for trial.
• 820 ILCS 305/8 and 820 ILCS 305/19.

This article provides general information about Illinois workers’ compensation and is not legal advice for a specific case.