Can I Switch Lawyers in an Illinois Workers’ Compensation Case? What Injured Workers Need to Know
When you’re hurt at work in Illinois, choosing the right workers’ compensation attorney can make or break your case. But what happens when the lawyer you picked stops calling you back, doesn’t explain what’s happening, or simply isn’t fighting for you?
Here’s the truth: switching lawyers in an Illinois workers’ compensation case is fast, free, and easy—and in many cases, switching to a more experienced attorney can dramatically improve the outcome of your claim.
At our firm, we bring over 25 years of workers’ compensation experience, and we recently highlighted several of our recent trial wins in a new blog post—proof of the preparation, dedication, and results we bring to every case. If you’re frustrated, ignored, or uncertain, you don’t have to stay with a lawyer who isn’t meeting your needs.
Is Switching Workers’ Compensation Lawyers in Illinois Difficult?
Not at all. In fact, Illinois law is designed to make switching attorneys simple for injured workers if they are not getting the representation they need.
How the process works:
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You sign a new attorney authorization with your new lawyer.
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Your new lawyer sends a Motion to Substitute Attorneys to the previous law firm.
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Your benefits continue without disruption.
You never have to contact your old lawyer yourself.
Click here to contact us today for a free second opinion case review.
Will Switching Lawyers Cost Me More?
No.
Illinois caps workers’ compensation attorney fees at 20%, no matter how many lawyers have touched the case.
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You never pay more than 20% total.
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You never pay out-of-pocket to your old attorney.
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Your lawyers work out any fee split between themselves.
This means you can fire a bad lawyer without fear of being charged twice.
Will Switching Attorneys Delay My Case?
No.
Your case will continue moving forward. In fact, injured workers often find that once they switch to an engaged, responsive attorney, their case moves faster because someone is finally pushing things forward.
Why Injured Workers Switch Lawyers
From what we hear, the most common reasons include:
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No returned calls
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No explanation of benefits
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Pressure to settle too early
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Delayed TTD checks
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No strategy or plan
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Feeling like a “number on a file”
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Lack of courtroom experience
If your case is being denied, or benefits are not being paid, your lawyer needs to act. File a motion, get the case in front of a judge for an emergency hearing. Do something! If your current lawyer isn’t doing this, and can’t explain why, it may be time for a change. With more than 25 years of handling Illinois workers’ compensation claims, we understand how to move cases forward, negotiate aggressively, and win at trial. Our recent trial wins (see our latest blog post) speak for themselves.
Can My Old Lawyer Withhold My Case File?
No.
Illinois law requires them to provide your new attorney with your entire file. They cannot refuse, stall, or interfere with the substitution process.
What If I Already Received a Settlement Offer?
You can still switch attorneys. Here’s how fees work:
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Your old lawyer may receive a portion of the fee based on the original offer
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Your new lawyer earns their fee only on any higher amount they obtain
This encourages your new lawyer to get a better result—and gives you peace of mind.
Frequently Asked Questions About Switching Illinois Workers’ Comp Lawyers
Can I switch my workers’ compensation lawyer at any time?
Yes. You can switch at any stage of the case, including after treatment begins or before settlement negotiations.
Does my employer or insurance company need to approve the switch?
No. Your attorney handles everything through the Workers’ Compensation Commission.
Will switching lawyers make the insurance company treat me differently?
Often, yes—in a good way. Insurance companies take cases more seriously when they know an experienced attorney is involved.
What if I think my case is too far along to switch?
It’s almost never too late. Even cases close to settlement can benefit from a second, more experienced look.
What is the most common reason people switch lawyers?
Poor communication. Injured workers deserve frequent updates and real answers—not radio silence.
Why Injured Workers Across Illinois Choose Our Firm
✔ Over 25 Years of Workers’ Comp Experience
✔ Proven Trial Results
✔ Direct Communication — No Disappearing Lawyers
✔ No Extra Cost to Switch
✔ Statewide Representation
If your lawyer isn’t fighting for you, we will.
Author: Matthew Jones
Matthew Jones is an Illinois workers’ compensation attorney with over 25 years of experience representing injured workers across the state. He focuses on delivering clear communication, aggressive case strategy, and results that reflect the true value of his clients’ injuries. His recent courtroom victories and commitment to client service have earned him a statewide reputation for excellence in Illinois workers’ compensation law.
