Every Illinois work injury lawyer wants good cases. What’s a good case? That means a few things to me. First off, the client is a good person and easy to work with. Second is the case isn’t a mess. That means the client isn’t coming to us after a ton of mistakes have been made by them or another lawyer. We’ll look at those cases, but won’t get involved if they are too messy. And finally, any honest work comp attorney in Illinois will tell you that they are interested in cases involving big injuries.
The biggest of injuries usually involve surgeries done by orthopedic doctors. That doesn’t make the case worth millions, but it means that if an attorney has to spend a lot of time and effort on a case, the 20% fee they receive in the end will justify all of that. The best of those cases usually involve back injuries as they can be so debilitating. The more significant injury, the more a case is worth.
So while I and everyone I know wants those cases, it might surprise you that I just turned down an opportunity to be the “exclusive” referring lawyer for an orthopedic doctor in Chicago. He asked if I would be willing to take calls from him on behalf of patients injured on the job and if he could connect me with them for representation. Sounds too good to be true, right?
The catch was he wanted me to send him injured workers who need an orthopedic doctor. A lot of people come to us soon after they’ve been injured and often have only been to the ER or their primary care doctor. It’s not uncommon or me to recommend that they see an orthopedic doctor. But unless they don’t know any or are having trouble finding one, I never suggest who to go to. And even when I do, I give them names of a couple of reputable places. Those doctors never know I suggest them.
Why do I do it this way? First off, if a lawyer is telling you that you have to treat with a certain doctor because that doctor gives them business, that’s unethical and scummy to me. They aren’t making the recommendation for your health, but for their pocket. This is how orthopedic doctors who mostly treat knee injuries end up caring for someone with a torn rotator cuff. It’s good for the doctor, bad for everyone else.
Second, if you are ever on a witness stand and the defense attorney asks you how you chose your doctor, if you say your lawyer sent you there, it hurts the credibility of the case. The same is true if the doctor gives a deposition and has to answer how well they know your lawyer and how much business they give each other. That could tank your case when otherwise you’d win.
I’ve never agreed to these deals and never will. It’s cost me a lot of money and given that this recent doctor is a spine surgeon, it probably cost me millions in the long run. I don’t care as I don’t worship money and I like to be able to sleep at night knowing I’ve never intentionally harmed someone for my own benefit.
My $.02 is that if an attorney is insisting you see a doctor (one caller told me her lawyer said he’d drop her if she didn’t see the doctor he wanted her to) it’s a huge red flag and the type of firm and doctor you should avoid.
