This post comes from a recent live chat that I had with an injured worker. He had been injured on the job a few months prior and posed this question to me:

Should I even consider a lawyer if my employers insurance is working with me at the moment?

It is a common question we get and certainly one that goes through the minds of a lot of injured workers. My usual response is to ask what is your injury? If it is a relatively minor injury and your care will be over soon, you probably do not need a lawyer. On the other hand, if it is a bigger injury that is going to require medical treatment for a month or more, it is always at least worth a discussion.

It is always free to talk to an Illinois workers’ compensation attorney. It’s also confidential and no commitment. If you ever want a free consult with an experienced, just contact us any time.

In this case, the worker had a major leg injury that already required surgery. What I told him was that even when it seems like the insurance company is trying to do everything right, they are always looking for ways to deny, delay or minimize your care.

What Do Illinois Workers Comp Insurance Companies Do To Fight Your Case?

I gave this worker some warnings as to what could happen and it turns out the actions work comp takes, even when they seem to be doing everything right, were already happening. In his case this included:

  • A nurse case manager had been assigned to his claim. She was scheduling medical appointments for him based on her schedule so she could attend (that is not allowed by law).
  • She lied and told him that the medical bills will be paid, but only if she is allowed to talk to the doctor to discuss a treatment plan. This is another lie. It is against the law for them to talk to your doctor without your permission and they have to pay 100% of all related and reasonable medical expenses. She was hoping to talk to the doctor to try and find a way to reduce care and time off work. None of this is in the best interests of the patient/worker.
  • They got him to sign a general release form to access all of his medical records including some he doesn’t want them to see that have nothing to do with his injury.

There is more that they can and likely will do include sending him to an IME and conducting surveillance on him. The good news is that the nurse has not interfered enough yet to cause significant harm. The first thing any experienced Illinois work comp attorney would do would be to make clear she can not attend appointments or talk to the doctor other than to request copies of medical records and bills.

This is why it is always smart to talk to an attorney early on. It is our job to protect you. You do not know what you do not know. In 29 years of doing this, I have never met an insurance person whose primary goal was to do what is best for the injured worker. In fact their whole business model is based on limiting what they pay.

But If I Get A Lawyer, Won’t It Cost Me Money?

This is the other question we get a lot. The answer is it costs nothing to hire a lawyer. We do not take a penny from the medical bills or from the money you are already getting for being off work due to the work injury.

An Illinois work comp attorney works for free and does whatever they can to make sure a case does not go sideways. When you are all better, we can get you a settlement and that fee is capped at 20% of what is recovered for you.

The key thing to know is that insurance companies do not usually offer voluntary settlements without a lawyer and if they do, they will lop off more than 20% right away. In other words, you will end up with more money in your pocket with an attorney than without.

More importantly, getting a lawyer early on prevents problems from happening or at least gives you a chance to get ahead of them. It also means you no longer have to talk to the insurance company and can focus on your health and recovery.

If you would like to discuss a case, our state wide network of top Illinois work comp lawyers is here for you whenever you want.