Legal Question in Workers Comp in Illinois

Fees for workers compensation

I need to know what are the fee's for an illinois case . I was told it is 20% of the settlement is this correct. Also shouldn't the attorney ask if you are satisfied with the amount offered to you.


Asked on 3/26/09, 12:49 pm

1 Answer from Attorneys

Matt Belcher Belcher Law Office

Re: Fees for workers compensation

This should have been discussed at the time you hired an attorney. I spend a lot of time when I am initially hired explaining the fees, costs and procedure so that clients are not confused.

I will try to recap some of the highlights:

20% is the customary(and max)fee.

The 20% is only charged on the "permanence" aspect of the settlement and should not be assessed on non-disputed medical bills nor non-disputed ttd benefits.

Disputed cases and issues are generally charged 20% of all issues "in dispute". So, if after a trial you are awarded 25% loss of an arm, 50 weeks of ttd benefits and $7000 in medical bills you would have to pay 20% of the entire amount.

If however the only issue is the "nature and the extent" of the injury then the fees would be 20% of the loss of the arm, loss of the leg, etc.

In workers' compensation cases the claim is not "settled" until the settlement contract is approved by an arbitrator.

If you do not sign the settlement agreement then the case is not settled. Therefore your attorney cannot really settle the case without your permission.

If you do not have confidence in your attorney or trust his judgment then you probably should have an in-person meeting with him/her so that these issues can be resolved.

Trust is important in any relationship and you need to be able to rely upon the judgment of your attorney.

Best of luck,

Matt Belcher

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Answered on 3/31/09, 9:43 am


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