How do I start a Workers’ Compensation Case?

To hire an attorney one generally begins with an initial consultation or intake appointment.  Attorneys Jim Black and Tracy Jones meet with all potential clients to discuss with the injured workers his/her rights and obligations under the Illinois Workers’ Compensation Act as well as how Black and Jones can assist the client. In order to initiate the process the individual must sign an Attorney Representation Agreement and an Application for Adjustment of Claim.

The Attorney Representation Agreement states the fee, which is paid at settlement. The Illinois Workers’ Compensation Act, Section 16 sets the fee at 20% of the total settlement plus any costs the law office has paid to advance the case.

Following the initial consultation appointment, the Application for Adjustment of Claim is filed with the Illinois Workers’ Compensation Commission.  Once filed the Illinois Workers’ Compensation Commission (IWCC) gives the claim a first return date, which is the first time the case, will appear on the docket. The first return date is generally one or two months after the Application for Adjustment of Claim is mailed to the IWCC. After that date the case will appear on the docket every three months until the case is concluded.