Can You Change or Fire Your Workers’ Compensation Lawyer in Illinois?
If you were injured at work in Chicago or the surrounding suburbs and are questioning whether your workers’ compensation case is being handled properly, you’re not alone. Many injured workers seek a stress-free second opinion before deciding whether to change or fire their workers’ compensation lawyer. Under Illinois law, your case belongs to you—not the attorney—and in most situations, you can change lawyers at any stage without delaying benefits or paying additional fees, giving you the freedom to explore better representation with no pressure or obligation.
Why Chicago Workers Decide to Change or Fire Their Workers’ Comp Lawyer
We regularly speak with injured workers throughout Chicago, Cicero, Evanston, Oak Park, Schaumburg, Naperville, and surrounding suburbs who feel something is wrong with their representation. Common reasons workers decide to change or fire their workers’ compensation attorney include:
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Poor communication or unanswered calls
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Little or no progress on the case
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Feeling pressured to accept a low settlement
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Delays in medical treatment approvals
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Confusion about benefits, work status, or next steps
Workers’ compensation cases can directly affect your medical care, income, and long-term financial security. If you don’t feel confident in your representation, it may be time to explore other options with a Chicago workers’ comp lawyer who focuses on protecting injured workers’ rights.
👉 https://mcharguelaw.com/personal-injury/chicago-workers-comp-lawyer/
Is It Legal to Change or Fire a Workers’ Comp Lawyer in Illinois?
Yes. In Illinois, injured workers generally have the right to change lawyers or terminate (“fire”) their workers’ compensation attorney at any stage of the case, including:
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While you are still receiving medical treatment
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After an IME or work release
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During settlement negotiations
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Even close to trial or arbitration
You do not need your current lawyer’s permission to make a change, and your benefits typically continue while the transition takes place.
If you want a more detailed breakdown of the legal process and fee rules, we also explain how attorney changes work step-by-step in our guide on switching lawyers in an Illinois workers’ compensation case.
How Changing Workers’ Comp Lawyers Works in Illinois
The process of changing or firing a workers’ compensation lawyer is usually straightforward:
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You speak with a new workers’ comp attorney about your case
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You sign a new representation agreement
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A Substitution of Counsel is filed with the Illinois Workers’ Compensation Commission
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Your case file is transferred (the file belongs to you, not the old lawyer)
An experienced attorney can step in without restarting your case or disrupting benefits. Many workers don’t realize that consulting another lawyer is allowed—even if they are already represented—and can help clarify whether a change would improve their situation.
If you’re unsure whether hiring a different attorney makes sense, understanding when and why legal representation matters can be helpful. Illinois workers often ask whether they truly need a lawyer at all, especially early in the process. This question is addressed in detail here:
👉 https://mcharguelaw.com/workers-compensation/do-i-need-an-illinois-workers-compensation-attorney/
Will Changing or Firing My Workers’ Comp Lawyer Cost More?
This is one of the biggest concerns injured workers have—and usually, the answer is no.
In Illinois workers’ compensation cases, attorney fees are capped by law, typically at 20% of the settlement or award. When you change or fire a lawyer:
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You do not pay two separate fees
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The total attorney fee does not increase
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The lawyers divide the fee between themselves
This means changing lawyers is usually about quality of representation, not additional cost.
Will Changing Lawyers Delay My Case?
In most cases, no. In fact, we often see cases move faster once a new attorney becomes involved—especially if the prior lawyer was not actively pushing the claim forward.
If your case has stalled or you’re unsure whether your lawyer is advocating for you, it may be worth asking whether hiring a workers’ compensation attorney who regularly handles contested cases and denials would make a difference. Many injured workers ask this question directly when evaluating their options:
👉 https://mcharguelaw.com/workers-compensation/should-i-hire-a-workers-compensation-attorney/
When It Makes Sense to Change or Fire Your Workers’ Comp Lawyer
Changing lawyers is often appropriate if:
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Your claim has been denied or cut off
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You’re being released back to work too early
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You don’t understand your benefits or case status
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Settlement discussions feel rushed or one-sided
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Trust has broken down
If your workers’ compensation settlement is dragging on with no clear explanation, the delay may not be “normal” — and in some cases, it may be a sign that your case is not being actively pushed forward. We regularly speak with injured Illinois workers who are told to “just be patient,” only to later learn that key medical records were never obtained, settlement demands were never made, or negotiations were never meaningfully pursued. Understanding how long workers’ comp cases typically take — and when delay becomes a red flag — can help you determine whether your case is being handled properly. We break this down in detail in our guide on when Illinois workers’ compensation cases settle, what causes delays, and when a lawyer may be needed:
👉 https://mcharguelaw.com/workers-compensation/when-will-my-workers-comp-case-settle-in-illinois-how-long-it-takes-whether-youll-get-a-settlement-offer-and-if-you-need-a-lawyer/
FAQ: Changing or Firing a Workers’ Comp Lawyer in Illinois
Can I fire my workers’ comp lawyer if I’m unhappy?
Yes. In Illinois, you generally have the right to fire your workers’ compensation lawyer at any time, even in the middle of your case.
Can I change workers’ comp lawyers in the middle of treatment?
Yes. Many workers change lawyers while they are still treating. Doing so does not usually interrupt medical care or benefits.
Do I have to tell my current lawyer before talking to a new one?
No. You are allowed to consult another workers’ compensation attorney for a second opinion, even if you already have representation.
Will changing lawyers delay my Illinois workers’ comp case?
Typically no. A new attorney can step in and continue the case without restarting it or stopping benefits.
Can I change lawyers if my case is already close to settlement?
Yes. Workers can change or fire their lawyer even during settlement negotiations if they feel pressured or uncertain about the offer.
Get a Second Opinion on Your Chicago Workers’ Comp Case
At McHargue & Jones, LLC, we regularly help injured workers in Chicago and surrounding suburbs who are considering changing or firing their workers’ compensation lawyer. We review cases honestly, explain your options clearly, and focus on protecting your medical care and benefits.
📍 Serving Chicago, Cicero, Evanston, Oak Park, Schaumburg, Naperville, and beyond
📞 Call (312) 739-0000 for a free consultation
🌐 We speak English and Spanish
