Illinois Workers Compensation Attorney Representation Agreement

Alvarado v. Industrial Commission, 216 Ii. 2d 547 (2005) (The Commission has the power to hold a collateral hearing on fees charged by a former lawyer after the transaction became final) Google Scholar Illinois Courts. Following proper notification and consultation with the Commission, any lawyer who violates a provision in this section is required to replace excessive fees, plus interest, at a reasonable rate of 51 set by the Commission. Most, if not all, Illinois lawyers calculate the maximum percentage of 20%. It is unlikely that a lawyer will invoke the above provision and ask the Commission to be heard for a fee in excess of 20%. Some lawyers send their clients to ME doctors to say that your injuries are due to work. We almost never recommend this, but for some companies it is a common practice and will usually lead to a $500 bill or something that comes out of the pocket at the end. For medical expenses, a lawyer may obtain a financial arbitration award or a comparison for the applicant to cover the medical treatment disputed by the employer. In this case, the lawyer can claim a 20% tax on this amount. However, this section of the law provides for an additional limitation on legal fees, which is relevant in larger cases: in some serious and undisputed concrete cases (such as death, loss of a limb or total loss of vision in the eye), legal fees are limited to $100.

“Undisputed” means that the insurance company and the aggrieved worker agree on everything, including the nature of the violation, the amount owed and the date on which the payment is due. There is a very specific list of injuries that fall into that category. If you change lawyers during your case, your fees are not increased. The 20% limit applies to total costs, even if it is more than one lawyer. If you decide to change lawyers, new and former lawyers will work it out between them. It won`t cost you a penny more. It then provides that lawyers may not collect a fee of more than 20%, unless lawyers request a petition from the Commission: with respect to all proceedings relating to an initial or initial right under this Act, no right of a lawyer for services related to the guarantee of compensation of a worker or his or her relatives if an agreement is guaranteed , the order, award or judgment of a court exceeds 20% of the amount of compensation collected and paid, unless the lawyer is heard by the Commission which sets the taxes and, subject to the other provisions of this section, additional costs are awarded to counsel.

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