How Much Does a Workers’ Comp Lawyer Cost in Illinois?
If you’ve been hurt on the job, you might be wondering two things at the same time:
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“Do I need a lawyer?”
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“Can I even afford one?”
The short answer in Illinois is: yes, you can.
Workers’ compensation attorneys in Illinois are paid on a contingency fee, which means you pay nothing up front and the lawyer only gets paid if they recover money for you.
Below is a clear, plain-English breakdown of what workers’ comp lawyers charge in Illinois, when fees apply, and when you may pay nothing at all—even with a lawyer on your side.
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How Do Workers’ Comp Lawyer Fees Work in Illinois?
Contingency Fee: No Win, No Fee
Under Illinois law, workers’ compensation attorneys are generally not allowed to charge hourly rates or retainers for handling your comp claim. Instead, they work on a contingency fee:
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You do not pay to hire the lawyer.
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You do not pay as the case goes along.
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The attorney fee is taken as a percentage of the settlement or award at the end of the case.
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If there is no recovery, you owe no attorney fee.
This system is designed so that injured workers can get help without worrying about writing a check just to talk to a lawyer.
What Is the Standard Fee? The 20% Rule
Under Illinois law, the standard workers’ compensation attorney fee is 20% of the money the lawyer recovers for you in most cases.
In practice, this usually means:
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20% of a settlement negotiated with the insurance company; or
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20% of an award ordered by an arbitrator or the Illinois Workers’ Compensation Commission (IWCC).
In some limited, more complex or heavily disputed situations, a slightly higher percentage may be allowed, but anything above the statutory limit must be approved and justified. For typical cases, 20% is the ceiling.
When You Pay 0% – Even With a Lawyer
Illinois law draws a line between routine, undisputed benefits and benefits your lawyer has to fight for.
You generally should not be charged an attorney fee for routine benefits that the insurance company is already paying without a dispute, such as:
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Ongoing medical treatment that is being voluntarily paid
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Temporary Total Disability (TTD) checks that are timely and undisputed
If your lawyer simply helps with paperwork, makes sure your benefits are being paid correctly, and answers your questions while the insurance company is cooperating, you shouldn’t see a fee taken from those undisputed benefits.
Attorney fees typically come into play when there is a dispute or delay that requires real legal work to fix.
When Fees Do Apply: Disputed or Delayed Benefits
You can expect a contingency fee to be charged on the value of disputed benefits your lawyer wins for you. Common examples include:
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Your claim is denied and the lawyer proves it is work-related
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The insurance company stops paying TTD or underpays your lost wages
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The insurer refuses to approve reasonable medical treatment
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The settlement offer is too low, and your lawyer negotiates a higher amount
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Your case must go to trial before the Commission
In these situations, your attorney:
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Files your case with the Illinois Workers’ Compensation Commission
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Gathers medical records and opinions
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Prepares you and other witnesses
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Argues your case at hearings
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Negotiates with the insurance company or tries the case
Because that work directly leads to money being recovered, the fee (usually 20%) is taken from those recovered benefits. If nothing is recovered, there is no fee.
Fee Caps in Serious and Catastrophic Cases
Illinois law places additional limits on attorney fees in certain serious cases to protect injured workers, especially when:
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Injuries cause permanent and total disability
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There are long-term TTD payments
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There are specific catastrophic injuries, such as death or the loss of certain body parts, and the case is undisputed
One protection you’ll sometimes see discussed is a cap based on seven years of TTD. The idea is that, even if your total settlement or award is very high, the lawyer’s fee cannot exceed 20% of seven years of TTD benefits, which limits the fee in very large cases.
There are also certain undisputed catastrophic injury situations (like some death or serious permanent loss cases) where the law limits the fee to a very small amount if there truly is no dispute and no litigation.
The takeaway: the more serious your injury, the more important these statutory protections become—and a reputable lawyer will explain exactly how they apply to you.
What About Case Costs and Expenses?
Attorney fees are different from case costs. Case costs might include:
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Fees for obtaining extensive medical records
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Expert witness fees
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Independent medical exams
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Court reporting and transcript costs
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Filing or subpoena fees
Most Illinois workers’ comp firms will:
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Advance these costs for you, and
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Get reimbursed out of the settlement or award only if they recover money in your case.
You should receive a clear, written fee agreement explaining how costs are handled. A good lawyer will update you about expenses so there are no surprises when your case ends.
What If I Already Got a Settlement Offer?
Many injured workers call a lawyer after the insurance company has already made an offer and they’re not sure if it’s fair.
In that situation:
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You normally should not be charged a fee on the entire amount originally offered.
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Instead, the attorney fee is usually limited to a percentage of the additional amount the lawyer is able to obtain above the initial offer.
If the lawyer cannot improve your settlement, you typically owe no fee. However, these cases can be harder for attorneys to take because the potential fee is smaller, so it’s always better to call a lawyer before you start negotiating on your own if you can.
Does Switching Lawyers Increase the Fee?
No. In Illinois, the total workers’ compensation attorney fee is still capped by law (generally at 20%), even if more than one lawyer has worked on your case.
If you switch attorneys:
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The lawyers must figure out how to divide that same single fee between themselves.
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You do not pay 20% to each lawyer.
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Your overall fee does not double.
If you’re unhappy with your current representation, you can speak to another lawyer about your options without worrying that your fee will suddenly jump to 40%.
Are Workers’ Comp Lawyers “Worth It”?
It’s normal to be cautious about any fee, especially when you’re out of work and bills are piling up. But in practice:
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Insurance companies are not looking out for your best interests.
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They know the system and use it to minimize what they pay.
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A skilled workers’ compensation lawyer can often increase the total value of your case well beyond the 20% fee.
In most legitimate claims, injured workers end up netting more with an experienced lawyer—after fees—than they would have received on their own.
FAQ: Workers’ Compensation Attorney Fees in Illinois
1. How much does a workers’ comp lawyer charge in Illinois?
Most Illinois workers’ compensation attorneys charge a 20% contingency fee on the money they recover for you. In certain complex or heavily litigated cases, different structures may apply, but 20% is the standard cap in most situations.
2. Do I have to pay anything upfront?
No. There are no upfront fees to hire a workers’ comp lawyer in Illinois. You pay nothing out of pocket to start your case or to speak with an attorney about your rights.
3. What if I don’t win my case?
If your lawyer does not recover money for you, you do not owe an attorney fee. That’s the core of a contingency arrangement—no recovery, no fee.
4. Are there hidden fees?
You should not see “hidden” attorney fees. There may be case costs (like expert fees, records, or depositions), but a reputable firm will:
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Explain these in your written fee agreement
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Keep you updated on significant expenses
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Only recover those costs if they win money for you
If something doesn’t make sense, you have every right to ask questions before signing anything.
5. Will I be charged a fee on my medical bills or TTD checks?
Generally, no—you should not be charged a fee on routine, undisputed medical payments or TTD checks that are voluntarily paid. Fees usually apply only to disputed or delayed benefits your lawyer has to fight to obtain.
6. Can I get a free consultation about my workers’ comp case?
Yes. My office provides free, confidential consultations for injured workers in Illinois. You can ask questions about your injury, your benefits, and potential fees before deciding what to do next.
7. When should I call a workers’ comp lawyer?
It’s best to speak with a lawyer as early as possible, especially if:
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Your claim has been denied or delayed
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You’re being sent back to work too soon
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Your benefits suddenly stopped
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You received a settlement offer and aren’t sure if it’s fair
Early advice can prevent costly mistakes and protect the value of your case.
