One of the most common questions we receive from injured workers in Illinois is, “how do workers’ comp attorneys get paid? ” Luckily for injured workers, attorneys’ fees are regulated by the Illinois Worker’s Compensation Act. Illinois workers compensation attorneys are paid on a contingency fee basis. This means that there are no hourly fees or retainer fees. Instead, an Illinois workers compensation attorney will only get paid if a recovery is obtained. If there is no recovery, then there will be no payment required.
A contingency fee means that the amount of the fee will be based upon the amount of the recovery which the attorney obtains for you. The higher the recovery, then the higher the fee. Pursuant to the statute, attorneys’ fees are limited to 20% of the recovery obtained. This is lower than a typical personal injury case, where attorneys will charge 33% or even 40% of the gross recovery.
Every attorney in Illinois uses the same attorney representation agreement form, which confirms the 20% limit on attorney fees. Under this agreement, attorney’s fees can apply to disputed payments of temporary total disability benefits (TTD), or disputed medical payments in addition to lump sum settlements or awards for permanent impairment.
Although fees are generally 20% of the total recovery, these fees are also subject to a statutory cap which can limit the total fee to far less than 20% of the total. As a matter of law, an attorney’s fee will be limited to no more than 20% of 364 weeks of permanent total disability benefits. This could potentially put a lot more money into your pocket in the event of a large recovery for a life changing injury.
Have you been injured at work and want to discuss your rights and legal options? Please contact our experienced attorneys who have been rated as among the best work comp attorneys in Chicago to discuss your rights. If you have been injured, you should immediately contact Brent Eames for a free consultation to discuss your options.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.