A caller to my office wanted to switch lawyers because her attorney yelled at her and called her dumb. That was in response to her asking about getting pain and suffering for her work related injury. She shattered her arm, had a very invasive surgery and has gone through a lot of pain for sure.

The attorney she had did a terrible job of explaining Illinois work comp law. He dismissively told her there is no money for pain and suffering and that she should stop asking about it. When she said that she didn’t understand why, he said to her, “What, are you just dumb?” Total jerk.

He’s not wrong that you don’t get “pain and suffering” pay under Illinois workers’ compensation law. At least it’s not called that. But when your case is over you can get a settlement and that settlement does compensate you for the pain and suffering you’ve gone through. It’s just called permanent partial disability or PPD.

PPD is calculated in part based on what you went through, the medical treatment you had, your time off work and how the injury currently affects you. That is essentially what pain and suffering is. You shouldn’t get hung up on the fact that it’s called PPD or anything else. You will get money and in her case, as she has permanent work restrictions, she’s looking at a settlement around $100,000. That’s a great result for someone who was able to return to work.

It’s not much different than not being able to file for punitive damages when the insurance company or employer does something egregious to deny your benefits. In the Illinois work comp world we call it a petition for penalties and fees. Different name, same idea.

When you go to law school you learn a lot. What you don’t learn is how to run a business or how to communicate. You have to learn that, have it in you or be taught it by a mentor. It’s how some amazing law students end up with terrible careers and how some people who were bottom of their class end up super successful.

Customer service is a huge part of this job. Being able to communicate is really important whether it’s with a client or before a Judge. A person with a work ethic and great personality who cares about others will likely have an amazing career and be a great attorney for you.

In this case, the lawyer had the right answer, but delivered it like an asshole and he lost a client and a good attorney fee. The good news is that this worker didn’t let herself get bullied and found a better choice.

Bottom line is be goal focused. Don’t worry about words you’ve heard on TV or from your family member or friends. Your goal is to get the treatment you need, pay for time off work and compensation for how this injury has impacted your life. Those things are available under Illinois workers’ compensation law and a good attorney can get them for you. And a great one can help you understand what is actually happening while treating you like a family member or friend.