I’ve written a lot about Illinois work comp lies. I haven’t done it in a while because I haven’t heard a new one. Most are the same ones over and over. Stuff like: lying what the case is worth; saying that these cases always take years; telling you that you will get nothing at trial.
I hear those lies and others all the time. The one that left my jaw on the floor was a new one, from a big Chicago workers’ compensation firm.
The client has a major back injury and needs pain management treatment that her doctor has ordered. It’s been delayed for months and the client is dealing with a lot of pain that she shouldn’t be going through.
She went through weeks of not having her calls returned. Finally the lawyer called back and told her a whopper. She said that the insurance company has spent all of the money they are required to by law on her case. If she wanted more medical treatment she’d have to get it on her own.
There is no cap on benefits for medical care in Illinois. In the most serious of cases, it could cost millions. You are entitled to whatever is reasonable and necessary.
This caller was savvy enough to know that this is a lie. A ridiculous lie at that. It’s really sad and pathetic though. Your job as an attorney is to look out for your client. Sometimes you don’t file a trial motion because you need more evidence. Other times it’s because you think you will lose or are waiting on a deposition. But to blow off your client with a terrible lie, especially when they are in so much pain, is disgusting.
The caller believed that this attorney is just overwhelmed with cases and I believe that’s likely true. Some bigger firms limit their lawyers to save money and it ends up hurting the clients, especially when they take every case that walks through the door. When that happens, the more difficult cases which will take some time or effort often get pushed to the side.
It’s a solvable problem by switching attorneys, but it never should have gone this far. In the meantime she’s suffered for months without medical treatment that she needs. Medical care that can really help her.
As with all lawyer lies, you can’t be expected to know that you hired a scum bag. However, if you suspect something is off, we strongly recommend you ask around with a different law firm. It could be that something is true and you just didn’t know that’s how Illinois work comp law works. Or in this case, it could be that the attorney is making stuff up even though you are suffering as a result.
You are always welcome to reach out to us for free to discuss anything that concerns you.