What to Ask Your Potential Illinois Workers’ Compensation Attorney

If you are hurt on the job, finding an Illinois workers’ compensation attorney may seem easy enough, however, open the phone book or look on the internet and you are faced with a long list of attorneys and law firms that want to take your case. That is where we can help. We can help you narrow that seemingly endless list of attorneys to find you the best possible attorney for your unique situation. If you would like our help in finding a lawyer please contact us.

No matter who you are considering hiring as your Illinois workers’ compensation lawyer, we recommend that you ask certain questions before agreeing to be their client.

Many attorneys are general practitioners who handle a wide variety of cases. Ask how much of the attorney’s practice is devoted to workers’ compensation. Preferably, workers’ compensation cases represent 90% or more of the attorney’s practice and in tougher cases it should probably be all they do. Workers’ compensation is a specialized practice with a lot of nuances and rules. It is therefore important to hire an attorney with the most Illinois workers’ compensation experience.

Ask whether the attorney has handled cases similar to yours before. Specifically, whether the attorney has handled cases involving the same injury you have sustained. Not all workers’ compensation cases are the same and you want your lawyer to have handled your type of injury before with a good track record of success.

Ask what the attorney can do for your case. Your workers’ compensation attorney should know what is needed in order to build a solid case on your behalf. With experience comes valuable insight. Your attorney should have seen many workers’ compensation cases before and should be able to guide you and enlighten you about things you may have not yet considered.

Ask whether the lawyer you are hiring is going to be the one that will primarily handle your case. Some workers’ compensation firms in Illinois have the potential client meet with an experienced partner at first, only to then dump the case on a younger associate that is getting his feet wet with your case. We never recommend firms that do this because again, experience in workers’ compensation cases is so important.

Ask whether the attorney is familiar with the Arbitrator where your case will be filed. In our opinion, in Illinois, workers’ compensation attorneys who regularly appear before Illinois Workers’ Compensation Arbitrators (the judges) are more successful than other attorneys who sometimes appear before them. Although this doesn’t guarantee a favorable result, we have seen that these “regulars” have developed a rapport with these judges. Simply put, success or failure can hinge on a lawyer’s familiarity with the procedures and people of the court. They should be able to tell you about the Arbitrator who will be handling your claim and offer some insight on them.

Another important aspect is to find a lawyer who treats you the client with the utmost respect. Communication between your lawyer and you the client is very important. Your lawyer should promptly return your phone calls and keep you up to date on any and all developments in your case. At the outset, ask when and how you and the attorney will communicate. You have a right to expect that all calls or e-mails will be responded to in at least 48 hours, preferably sooner.

If your workers’ compensation lawyer asks you to give money up front for costs related to your case we recommend that you find a new attorney, as this is almost always a bad sign. There is no cost for filing a workers’ compensation case and generally the only expenses the attorney may have are obtaining medical records or paying expert witness fees. Your attorney should only receive money after your case is over and only if you recover. Beyond that, every workers’ compensation lawyer must work on a contingency fee where they get 20% of what they recover for you. If they want a penny more you should run.

Soon after you hire your Illinois workers’ compensation lawyer, there are several things you should provide him or her in order to help your case move forward and get you the benefits you deserve. Specifically, you should provide your lawyer with all the details of your work injury, including the date it happened. Document, in writing, how the accident occurred, and whether there were any witnesses. If there were witnesses, provide their contact information. Witnesses can backup and vouch for your story. Once you tell the lawyer your story, ask what advice they have about medical treatment and a hopeful return to work.

Also, make sure you document who you told about your work injury and what exactly you told them. In order to file a claim, the other party must be notified of what happened. This is the notice requirement, and it is very important in any workers’ compensation case. If you can’t prove that your employer was notified within 45 days of the accident your case could be dismissed.

Know your medical diagnosis and provide your lawyer with the contact information of all the doctors who have treated you. This is important for the lawyer because they will need to obtain your medical records.

Additionally, know whether you have any history of prior injuries to the same body part because this may have an impact on your case. While aggravations to pre-existing conditions are covered under Illinois work injury law, your attorney will want the full story of your health background.

Finally, you should provide your lawyer with the correct name and address of your employer, as well as the name of your employer’s workers’ compensation insurance carrier.

By providing your lawyer with the above information, you not only are making your lawyer’s life a little easier by saving them valuable time, but you are also fostering a positive and productive attorney-client relationship.

We are here to help you find the best Illinois workers’ compensation lawyer for your unique situation. If you have any questions about workers’ compensation or would like a referral to a qualified and experienced Illinois workers’ compensation attorney, please do not hesitate to contact us.