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What Should I Ask a Work Injury Lawyer in Illinois?

Since 2001 we have been the leading resource to find the right Illinois workers’ compensation lawyer for your case or to ask general questions. We are unique in that our service is run by attorneys and we will recommend independent law firms based on your best interests. If you would like our help please contact us at (312) 346-5320. We are based in Chicago, but help people with work accidents throughout Illinois.

If you are hurt on the job in Illinois you will find that there are likely a lot of lawyers that want to take your case. It’s hard to figure out who is the best attorney for your situation. People come to us to solve that problem, but no matter who you are considering as your lawyer, we always recommend that you give a tough interview to them before agreeing to be their client. Here are ten questions that we recommend you ask.

  1. Have you handled cases with similar facts and issues? You have the best chance of getting the best results if you have an attorney who has seen it all before. You certainly do not want anyone who is using your case as a learning tool. If you have a back fusion from a work accident it makes sense to hire the lawyer that has handled hundreds of similar cases instead of a handful.
  2. How much of your practice is workers’ compensation cases? Workers’ compensation law has its own nuances and rules that only an experienced workers’ compensation attorney will know. Preferably, workers’ compensation cases represent 90% or more of the attorney’s practice and in tougher cases it should probably be all they do.
  3. Are you going to handle my case or will it be handled by another attorney at the firm? Again, experience matters. The head partner of a firm may meet with you initially and then oversee your case while a less experienced attorney does the actual work. Insist that an experienced attorney handle your case. We know of a couple of firms that hire newly admitted attorneys to do most of the work on the cases they take on. Of course these are not lawyers we recommend.
  4. What is the best strategy for my case? Once you explain your situation to the attorney, they should tell you what they can do for you if they hire them. This is especially true if your benefits have been terminated.
  5. Am I forgetting anything or not thinking of something I should be? 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.
  6. When and how will we communicate? Although your lawyer may be very busy, this is a perfectly valid question. He should make himself available to you. At the outset, you should indicate that you wish to receive phone calls when there are significant developments and emails for status updates. And, the lawyer should be OK with this. In the least you should expect communication at least every sixty days.
  7. What can I do to help my case? Your workers’ compensation attorney should know what is needed in order to build a solid case on your behalf. You should work together as a team. That can mean obtaining medical records, documenting what happened or anything else that the lawyer thinks is important. Either way, an experienced attorney will have a good answer to this question.
  8. Are you familiar with the Arbitrator where my case will be filed? If the lawyer you are going to hire can’t tell you about the different arbitrators then keep looking. Please note that in some areas like Chicago, Waukegan, Wheaton, Geneva and Joliet there is more than one arbitrator choice, but even then they should be able to tell you once the case is filed about the person who might ultimately decide your fate.
  9. How will you be paid? The law in Illinois is that an attorney can not receive more than 20% of what they recover for you. Most attorneys only get paid based on the final settlement or if they have to go to trial. A handful of lawyers will try to take 20% of your pay if they simply make a few phone calls or write a letter. Get this agreement in writing with them before they take money that you need to live on.
  10. Will I have to pay for costs related to my case? Your attorney should advance all costs, including court costs as well as for expert witnesses. Again, workers’ compensation cases are handled on a contingency basis and, therefore, all fees and costs are paid out of your award, if any. Never hire a lawyer that asks you for a penny.

Selecting an attorney is an important decision and should be carefully weighed. With a serious injury your life is for all intents and purposes on the line. If you would like our help in finding out who the right lawyer is for your case please contact us at any time. All calls and e-mails are confidential.


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