Legal Question in Personal Injury in Illinois

Changing attorneys

My husband taken ill and forced to have surgery due to what we believe to be caused by the inhalation of a chemical at his work. We are at this time considering changing attorney due to the fact that we don't believe he has done enough research, that the insurance company contacted him about six weeks ago to ask what we would want as a settlement, he came up with a figure that I thought was too low considering the repayment to our medical insurance. He advised us that repayment to the medical insurance was not necessary. I believe he is wrong on that. He asked me to call him the next day with our decision and when I did, he had already contacted the insurance company and made the offer. He was giving them one week to get back and then said he would file the lawsuit. That was six weeks ago and I have not heard from him at all. My question is, do we have the right to find a new attorney at this point and what will we have to pay him, we are on a contingency with him that he will get one third of our settlement or nothing if there is no settlement. Thank you


Asked on 9/22/99, 1:34 pm

1 Answer from Attorneys
Donald Fohrman Donald W. Fohrman & Associates, Ltd.

Re: Changing attorneys

It sounds like you have been getting the wrong advice. If your husband's condition is related to his employment (supported by his treating doctor) his only remedy is to file a Workers' Compensation claim and collect benefits under the Illinois Workers' Compensation Act. You cannot sue your employer for injuries/illnesses caused by your employment. If you would like to discuss this further please contact me at 800-437-2571.

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Answered on 9/23/99, 10:56 am


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