Workers'
Compensation Claim Process,
The Role Of Attorneys.
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Do I need an attorney to handle my Workers'
Compensation claim?
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When should I retain an attorney?
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By hiring an attorney will I be suing my employer?
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How do I pay my attorney?
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Can I sue someone other than my employer who is
responsible for my accident?
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Can I be fired for filing a Workers' Compensation
claim?
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Can I fire my present attorney and hire your firm?
1. Do I need an
attorney to handle my Workers' Compensation claim?
A. In every
Workers' Compensation claim, there is a qualified attorney who has the
sole responsibility of advising the insurance company adjustor on how to
reduce or minimize the amount of benefits you receive. By retaining an
experienced Workers' Compensation attorney, you are simply "leveling the
playing field." Your attorney will take over the handling of your claim
by dealing directly with the insurance company and/or their attorneys.
An experienced attorney will ensure that you receive the maximum
benefits you are entitled to under the Illinois Workers' Compensation
Act.
2. When should I
retain an attorney?
A. After an
on-the-job injury, workers routinely contact their employer's Workers'
Compensation insurance company unaware of the adversarial nature of the
Workers' Compensation claim process. The Workers' Compensation insurance
company and their attorneys have no legal obligation to advise you that
anything you say can and will be used against you to delay, reduce or
eliminate your Workers' Compensation benefits. To ensure that you
receive the maximum benefits provided by law, you need to consult with
an experienced attorney before contacting the insurance company.
It makes good
dollars and sense to consult with an attorney from our firm immediately
after sustaining a work-related injury. You pay the same 20% contingent
fee, whether you have our advice and counsel from the beginning or on
the day before your claim is settled.
3. By hiring an
attorney, will I be suing my employer?
A. No, you
are not suing your employer by hiring an attorney. Under the Illinois
Workers' Compensation Act, an employee cannot sue his or her employer
for injuries sustained as a result of an on-the-job accident. A Workers'
Compensation claim is simply placing a claim for injuries against your
employer's Workers' Compensation insurance carrier.
4. How do I pay my
attorney?
A. There are
no retainer fees or up-front fees that have to be paid in order for you
to retain our services. Our 20% attorney's fee is contingent upon a
successful resolution of your claim. No recovery, no fee. It's that
simple.
5. Can I sue
someone other than my employer who is responsible for the accident?
A. The
Illinois Workers' Compensation Act specifically provides that you cannot
file a lawsuit against your employer, regardless of some action or
negligent conduct of your employer which clearly caused or contributed
to your accident.
However, you
do have the right to file a lawsuit against a another party, other than
your employer or a co-worker, who may have caused in whole or in part,
your accident. This is known as a "Third
Party" lawsuit. As opposed to a Workers' Compensation
claim, a Third Party lawsuit is filed in Circuit Court seeking
substantial monetary damages, without statutory limitations.
6. Can I be fired
for filing a Workers' Compensation claim?
A. No. We
understand your concerns since many employers do, in fact, create
hostile environments for employees who have been injured on-the-job. The
Illinois legislature, recognizing these concerns, included in the
Workers Compensation Act, Section 4 which makes it unlawful for any
employer to discharge or lay-off an employee for taking advantage of
their right to receive Workers' Compensation benefits.
If your
employer engages in any conduct prohibited by Section 4 of the Act, you
have the right to sue your employer for substantial damages in a
"Retaliatory Discharge" lawsuit.
More information about
Retaliatory Discharge lawsuits
The Americans
with Disabilities Act (ADA), a federal statute providing civil rights
protection to individuals with disabilities, also protects injured
workers from employer discrimination. The ADA prohibits employers from
discharging or in any way, discriminating against workers who sustain
serious and disabling injuries.
More information about the ADA
While there
is no guarantee that the threat of a Retaliatory Discharge or American
with Disabilities Act lawsuit will deter your employer from harassing or
firing a worker who files for Workers' Compensation benefits, it is our
experience that few employers will engage in conduct that could subject
them to pay potentially hundreds of thousands of dollars in damages.
7. Can I fire my
present attorney and hire your firm?
A. Possibly. In Illinois you have a legal
right to terminate your relationship, for any reason, with your current
attorney and hire a new attorney to properly represent your interests in
a Workers' Compensation claim. Your new attorney will substitute into
your case and take over the handling of your case.
Once a new
attorney is retained, you are under no obligation to speak or meet with
your old attorney. It is, in fact, improper and unethical for your old
attorney to contact you directly concerning the substitution. It is
important to note that your legal fees will not increase and the
disposition of your case will not be delayed as a result of your
substitution. It is the responsibility of your new attorney to
compensate your previous attorney for the services performed on your
behalf prior to the substitution.
After
contacting our office, we will provide you with an objective and honest
evaluation of your case and the legal services provided by your prior
attorney. If your prior attorney is doing a good job, we will be the
first to say so. If not, we will inform you of our concerns. Either way,
you have nothing to lose by requesting our office to review your current
legal status.
What is the Workers' Compensation Act?
Workers' Compensation Benefits
Guide to determining your weekly disability benefits
Steps to protect your right to receive Workers'
Comp benefits
Methods for resolving your Workers' Compensation
claim
Workers' Compensation FAQ's
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