The worst case of lawyering we've seen
A caller to our office was hurt in a witnessed accident in 2004. He hasn't worked since about six months after the accident and is currently receiving social security disability benefits. None of his medical bills nor missed time from work has been paid for by the workers' compensation carrier. He has been able to get treatment through his group insurance carrier.
There is a dispute as to whether or not the case is compensable because the injured worker waited a couple of months before he got medical treatment. On the flip side, the injured worker has a report from a credible orthopedic doctor who says that his injuries were aggravated by a work accident. Fair enough, each side has a basis for their case so we get the case ready and let the Arbitrator decide.
But that didn't happen there. Instead of taking the deposition of the orthopedic doctor and getting a commitment from the witness that they will testify at trial, the lawyer they hired has done nothing. When the injured worker questioned him about it, the lawyer told them "Well, Illinois workers' compensation cases can take a long time. Waiting 10 years is not unusual." There is no other way to clarify this other than to say BULLSHIT!!!
This simply is not true. A case only takes ten years to be resolved for one of two reasons: 1. An injured worker is undergoing medical care, but his benefits are being paid. 2. The injured worker's lawyer is pathetically lazy.
It should almost never take more than 3-6 months to get a case ready for trial. If your case is denied, you go before an Arbitrator and let them decide. Waiting two years, five years or ten years doesn't help you at all. If your attorney is telling you that getting to trial takes a long time then ask them what the plan is to make that happen.
As a FYI, here is what needs to happen in almost any case in order to go to trial:
1. Secure all relevant medical records (shouldn't take more than 30-45 days).
2. Secure a medical opinion from a credible doctor that the injuries are work related. Sometimes this is contained in the medical records. Depending on the case facts you may need to take the deposition of this doctor (often the opinion can take place before a trial is needed. Time to get a deposition done varies from doctor to doctor, but on average is 30-90 days).
3. Take the deposition of the doctor selected by the insurance company if needed (usually takes place after your doctor's deposition, but can be scheduled well in advance so it shouldn't delay the case by more than an additional 30 days or so).
4. File a motion for a trial. That shouldn't take more than sixty days from the time you ask for it and can be done before the depositions take place.
5. Secure any witnesses that are needed.
That's typically it. Workers compensation lawyers in Illinois don't need to be rocket scientists. They just can't be lazy.
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.
