Legal Question in Workers Comp in Illinois

wrongful death

In 1975 my husband was killed on the job. I was only 21 years old. The only attorney I knew was my mothers divorce attorney. He took my case and we agreed that I would pay him by the hour instead of 33 and a third percent of what was settled for plus he would be paid for any extras he was involved in. It was a cut and dried case and took about 10 months to settle. Just before the case was settled my attorney asked me if I wanted to change my mind and go with the percent rather than by the hour for his fee. He fooled me into thinking it was going to take a long time and nothing was for sure. Just a few weeks after he convinced me to go with a percentage the wrongful death suite was settled. I just now found out that in workmans comp cases attorneys are only allow 20% of the amount of the compensation recovered and paid. Is it true that any attorney found to be in violation shall be required to make restitution of any excess fees charged plus interest at a reasonable rate as determined by the commission? Is it too late to recover any of these exess fees my attorney charged plus interest. I was taken advantage of, can I do anything now? It has been 28 years.


Asked on 11/14/03, 7:08 pm

1 Answer from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: wrongful death

It is true that the fee in a Work Comp case is 20%. Even that has a maximum. I'm kinda at a loss why you waited so long to consider "getting your money back." I wonder if the attorney is still practicing law. You couldn't sue him as any statute of limitations is long gone. However, you could report him to the ARDC (Attorney's Registration and Disciplinary Commission) in Springfield. They would investigate and possibly discipline him which could include restitution. Good luck.

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Answered on 11/15/03, 10:37 am


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