Don't Pay a Consultation Fee
Workers’ compensation attorneys work on a contingency basis, which means that they get paid if your case is successful. In a non-work injury case, this means that if you fall and suffer serious injury and get $200,000 at trial or in settlement, the attorney takes their fee out of that. If you lose, the attorney gets nothing.
In most work injury cases, the attorney’s fee comes out of the settlement. Generally, this is an amount that the insurance company pays you for a permanent injury. It also can be a lump sum you are awarded at trial.
The idea is that the attorney only gets paid if you “win.” There shouldn’t be any other fees. No consultation fee, no fee for getting your medical records, no upfront payment for expert witnesses. All of these costs exist, but they should be covered by your attorney. That’s how it works.
Another red flag is if your attorney tries to take a fee out of your benefits checks. This is money you need to live on. Even if your attorney filed the claim for you and made a few phone calls, they still shouldn’t do this.
An attorney’s fee is limited by law in Illinois to 20% in a workers’ compensation case. As with any type of case, discuss fees with your attorney at the beginning – even before you hire them. And get it in writing.
We are workers' compensation attorneys who 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.