Legal Question in Workers Comp in Illinois
back pay
I was injured in janof 2006, and was cut of my bennifets three weeks later.after a long battle in court i won the case for my back pay. But my attorney only faught for the back pay for three months in court. after three years of apeals and fighting I won the case to get my surgery and back pay. three month of back pay. my attorney took 20%of witch i now is standered. Then the insurance Co sent the remaining 2&1/2 years back pay to my attorney without a fight or fileing any motions my attorney also took 20% of that over$8000 he took.
is he intitled to that also? He did not have to do anything for that. He only persued in court the time i was cut off till the time we filed in court. I do rember asking him about the remaining backpay while it was going on and he said we would probabley have to fight in court for that also. But we didn't. so is he intitled to that?
Thanks,
Kristy
1 Answer from Attorneys
Re: back pay
The answer is probably yes - if you have a retainer agreement where the attorney gets 20% of any recovery then he is entitled to 20% of whatever comes in.
I know it sounds like a lot, but $8000 is really not a huge legal fee for 2.5 years of work and the lawyer was risking making no money at all if you lost.