If you’ve been injured on the job in Illinois, hiring the right workers’ compensation attorney can make all the difference in the outcome of your case. We understand how overwhelming this process can feel. You’re facing lost wages, medical treatment, and uncertainty about your future. Whether your employer has denied your claim, delayed your benefits, or made it difficult to access the care you need, you deserve answers. Before hiring any attorney, there are critical questions you should ask to make sure your rights are protected and your case is handled properly under Illinois law.
At The Law Offices of Robert T. Edens, P.C., we’ve represented injured workers across Antioch and the state of Illinois for decades. We believe in transparency, preparation, and client education. Below, we’ve outlined the key questions to ask when speaking with any workers’ compensation attorney and what those answers can tell you about their ability to fight for your case.
Illinois workers’ compensation law is a very specific area of practice. Not every personal injury attorney understands the procedures and legal nuances involved. Under the Illinois Workers’ Compensation Act (820 ILCS 305), claims are filed with the Illinois Workers’ Compensation Commission (IWCC), which has its own system, rules, and timelines.
You want an attorney who knows how to file a proper Application for Adjustment of Claim, can gather and present medical evidence effectively, and understands how arbitrators and hearing officers evaluate cases. Ask how many workers’ compensation cases the attorney currently handles, how long they’ve practiced in this area, and how familiar they are with Illinois’ specific regulations.
The Illinois Workers’ Compensation Act provides several categories of benefits. These include:
We believe every client should clearly understand what they are entitled to. If your attorney cannot explain these benefits in plain language or avoids specific numbers and timelines, consider it a red flag.
Some firms pass your case off to junior attorneys or case managers after the initial consultation. You should always know who will be responsible for filing motions, attending hearings, negotiating with the insurance company, and keeping you updated. Ask whether the attorney you meet with will remain personally involved in your case and how often you can expect communication.
At our firm, we believe in direct, responsive service. Clients work closely with our attorneys, not through layers of assistants.
Illinois workers’ compensation attorneys are paid on a contingency fee basis, meaning we do not get paid unless we recover compensation for you. The fee is limited by law to 20% of your settlement or award, under 820 ILCS 305/16b. There should never be upfront costs or surprise charges. Ask your attorney to explain the fee agreement and confirm that it complies with Illinois law.
Insurance companies often deny valid claims or delay treatment approval, hoping injured workers will give up. You should ask how the attorney handles disputes and appeals, how long it may take to get a hearing before an arbitrator, and what steps they will take to force the insurance carrier to act.
We regularly represent clients at arbitration hearings and review boards when benefits are denied or underpaid. You should never accept a denial without a second opinion from a skilled attorney.
While every case is different, your attorney should provide a general timeline for how long it will take to secure benefits or reach a settlement. Medical care may extend the process, especially if you haven’t reached maximum medical improvement (MMI). Ask your attorney how they approach settlement and whether they push for early resolution or prepare for trial if necessary.
We’re always upfront with our clients about timing and strategy, so you know what to expect from day one.
Under Illinois law (820 ILCS 305/6), you generally have three years from the date of the injury or two years from the last payment of compensation—whichever is later. That’s why it’s so important to notify your employer as soon as you are injured and to begin the legal process without delay. Waiting too long can cost you your right to recover benefits.
This happens more often than people think. Employers or insurance companies may dispute how the injury occurred or claim it happened off the clock. That’s when having strong medical evidence, eyewitness testimony, and detailed reports becomes crucial. We know how to build the record and present your case to the Illinois Workers’ Compensation Commission to overcome those denials.
Under Illinois law, injured workers can choose their own doctor, but there are limits. The “two-doctor rule” allows you to choose two doctors (and any referrals from them) for your treatment. If your employer has a Preferred Provider Program (PPP), you may have to select from that list unless you opt out in writing. We can help you understand your rights and make sure you get proper care from a trusted provider.
It is illegal for your employer to retaliate against you for filing a claim. Illinois protects injured workers under various laws, including 820 ILCS 305/4(h), which prohibits discharge for pursuing workers’ compensation. If you’ve been threatened, demoted, or terminated after reporting an injury, you may have a claim for retaliation in addition to your workers’ comp case.
If you can no longer perform your previous job due to your injury, you may be eligible for vocational rehabilitation benefits. This may include training, job placement services, or education assistance to help you return to the workforce in a new capacity. The insurance company may not offer this automatically—you have to assert your rights with the help of an experienced attorney.
If you were hurt on the job and have questions about your benefits, don’t wait to get clear, honest answers. At The Law Offices of Robert T. Edens, P.C., we fight for injured workers throughout Antioch and across Illinois to ensure they receive the full benefits they’re entitled to under state law.
Contact our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We represent clients from our convenient office locations in Antioch (392 Lake St., Antioch, IL 60002), Waukegan (325 Washington St., Waukegan, IL 60085), and Woodstock (1212 North Seminary Unit 1, Woodstock, IL 60098). Let us help you protect your rights and move forward with your claim.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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