Posted on August 19, 2011 by Mike Helfand

Your union doesn't get to pick your attorney

We get a surprising number of calls from people who are told by their employer or the union that they have to hire a certain attorney. Or they are told that being in a union somehow alters how a workers’ compensation case is handled. Neither of these is true.

Being in a union does not change how this works. You file a claim, you are entitled to benefits. And you get to pick your own attorney. This is important because you want to hire someone whom you know is 100% on your side. The union officials might have relationships with certain attorneys, and maybe they get something out of referring cases. If they are insisting on making this choice for you, we see it as a red flag. That said, there’s nothing wrong with asking them to suggest an attorney or firm. It’s when they try to force you that you should be concerned.

This can be confusing, because union agreements do affect employment law, such as your hours or how disputes are resolved. But it’s not the case when it comes to a work injury.

When looking for a workers’ compensation attorney, focus on experience and familiarity with the arbitrators at the Illinois Workers’ Compensation Commission. An attorney who knows these key people, and who has been practicing in this area of law for many years (and who handles mostly work injuries rather than a wide range of cases), is your best bet, in our opinion. There are no guarantees, but it certainly can’t hurt.

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.

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Comments (1) Read through and enter the discussion with the form at the end
Robert Enriquez - August 25, 2011 9:22 PM

Here is another area overlooked by Work Comp Attorneys: insurance company claims adjusters assigning THEIR interpreter in English-limited claims cases. The results of outcomes for the injured worker will incline in favor of the injured during, for instance, an Functional Capacity Evaluation. I have seen it many times.

Great, unbiased, simultaneous Spanish/English Interpreter:

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