Here’s a really common fact pattern under Illinois workers’ compensation law. The names of the workers and the employer might change and the injuries might be different, but the way it plays out happens all the time.

A worker gets hurt on the job. They report it to their employer and go to the doctor. The doctor diagnoses a problem and sends them to physical therapy. The insurance company begins to pay the bills and for the time off of work. Eventually an orthopedic doctor says that physical therapy has failed and the worker needs surgery.

Even though the insurance company has been paying benefits on this case for many months, they send the worker to an IME doctor to “evaluate” if surgery is really needed. This hired gun doctor says no surgery is needed or if it is, it’s not due to a job accident. So now the worker has their benefits cut off as their case is denied.

At this point hopefully you have an attorney because it’s time for them to go to work. And if you don’t, you better get one ASAP. The next step, assuming the orthopedic doctor is in your corner, is to take their deposition and that of the IME doctor and then go to Arbitration. If your lawyer is aggressive you could have your day in court in as little as three months (although it’s usually longer). This doesn’t solve your problem in the short term, but it’s the long term solution.

This was essentially the fact pattern of a woman who called me who was hurt in 2021, hired an attorney and had her benefits cut off in 2022. Well it wasn’t the whole fact pattern, as here it is 2024 and no trial motions have been filed, no depositions have been taken and of course there’s been no resolution.

This lawyer has basically given her lies. “There’s a huge backup at the Illinois Work Comp Commission due to Covid.” “It takes years to get to trial.” “I can’t make the IME doctor pick a deposition date.” “My dog ate the motion.”

OK, the last one wasn’t said, but it’s basically what the attorney is saying to his client. Illinois workers’ compensation law is unique, requires a lawyer who stays up on case law and can’t just be learned in a matter of days or weeks. But it’s also not brain surgery. If two doctors disagree or your case is cut off for some reason, the way to resolve that dispute is Arbitration. It doesn’t take much to get a case ready for that to happen. After that, you just hope the Arbitrator will put you on their schedule.

So why hasn’t this Chicago workers compensation lawyer done anything on this case for two years?

It’s because they aren’t an attorney who tries cases. There are a whole bunch of lawyers whose only goal is a compromised settlement. That way they can handle a huge volume of cases. We see this a lot with car accident lawyers, especially some that do heavy billboard and TV advertising. They’ll sign a case up with the goal of getting rid of it in a year no matter if it’s in the best interest of the client or not. If they can’t get it settled, they’ll just drop the case. It’s disgusting and hugely unethical.

It’s not good news, but at least the woman who called me can still have her day in court. The insurance company knows the reputation of her lawyer, so they’ve made no offers to settle. That means getting a new lawyer won’t be hard for her.

You should always ask your attorney how many cases they’ve taken to trial in the last two years. If it’s not in the double digits it’s a red flag. It’s something to ask before you hire them, even if you don’t anticipate the case will go to trial. Always prepare for the worst.