A new low in lawyering
An injured worker contacted us after a trial in his case had gone bad. Now we can't do anything for a worker once there case has been tried, but it's a crazy story.
After you give your testimony and all medical records are submitted, the Arbitrator asks for what are called proposed decisions which basically requires each lawyer to write something up as to how they would decide the case if they were the Arbitrator. So typically the defense attorney says that their side should be picked and why, and the worker's attorney says why their side should be picked and why.
It's pretty basic and honestly it's not that hard to do. Plus it's your job as a lawyer. The Judge typically "adopts" one decision as his/her own and either does nothing to change it or changes very little.
In this case, the worker told me that his lawyer had asked for over $125,000 to settle the case and the defense was offering way less than that. They went to trial as they should, but according to the worker, this lawyer that he hired did not complete a proposed decision. As a result the Arbitrator wrote in the decision that there was no choice but to find for the defense.
Now the Arbitrator could have still found for the worker, but I don't blame him for not. Apparently this attorney didn't return the workers' phone calls so he called the Commission and got his own copy. The case is on appeal currently and theoretically it's possible that the worker will win if his lawyer does the right job that time.
But either way I find this pathetic and inexcusable and truly a new low in representing clients. We can't win them all, but stuff like this gives lawyers an awful name.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
