Do I Need a Lawyer to Get a Workers’ Comp Settlement in Illinois?

Why Hiring a Workers’ Comp Attorney May Increase Settlement Value

Most people searching “do I need a lawyer to get a workers comp settlement” are really asking whether hiring one is worth it. In many Illinois cases, legal representation may add value because settlements depend on medical proof, procedure, and leverage—not just the fact that an injury occurred.

For example, even a “straightforward” claim can turn into a dispute over what treatment is reasonable, whether the injury caused permanent problems, or whether you can return to the same work. If you want a plain-English breakdown of when hiring counsel tends to make sense, you can start with our discussion of whether you should hire a workers’ comp attorney. If you’re earlier in the process and deciding whether you need a lawyer at all, we also walk through that question here: do I need an Illinois workers’ compensation attorney?

And cost is often the deciding factor. Illinois workers’ compensation cases are handled on a contingency basis, which means you pay nothing unless there is a recovery. That’s why many injured workers choose to get advice before accepting any settlement offer.

Why Settlements May Be Lower When Handling a Case Alone

Some injured workers choose to handle their workers’ compensation claim without a lawyer. While some people can resolve a claim this way, settlements for people handling a case alone may be, and often are, lower for common reasons.

• Permanent injury or loss of function may not be clearly documented in the medical records
• The case may be discussed before treatment is complete or before Maximum Medical Improvement (MMI)
• Functional Capacity Evaluations (FCEs) or permanent work restrictions may not be fully addressed
• The injured worker may not know when or how to push the case forward procedurally

This does not mean every self-represented case is undervalued. Every workers’ compensation case is different. In theory, you can file your case with the Illinois Workers’ Compensation Commission and try to do it all yourself. But these issues may affect how an insurer evaluates risk and settlement value—especially in cases where permanent restrictions or an FCE become important. If those terms are coming up in your case, we explain how they tend to affect settlement negotiations here: how FCEs and permanent restrictions affect workers’ comp settlements in Illinois.

Do All Workers’ Comp Cases Get a Settlement?

No. Not all workers’ comp cases get a settlement. Some injuries resolve quickly with minimal treatment, and some claims are never pursued far enough to result in an offer.

That said, many Illinois work injuries involving meaningful medical care may have settlement value. A good way to pressure-test your expectations is to understand what typically drives value in Illinois—body part, permanency, restrictions, medical records, and future care exposure. We break that down in detail here: what is my Illinois workers’ comp case worth?

When Will Workers’ Comp Offer a Settlement?

People often ask “when will workers’ comp offer a settlement” because they are receiving benefits but hearing nothing about resolving the case. In many Illinois claims, settlement discussions become more realistic after:

• You reach or approach Maximum Medical Improvement (MMI)
• Your doctor assigns permanent work restrictions
• A Functional Capacity Evaluation (FCE) is completed
• The insurer believes the case could move toward a hearing

If you want a realistic timeline of how long Illinois cases can take—and why insurers sometimes delay offers—we cover that here: when will my workers’ comp case settle in Illinois?

And one important point: if you already have a lawyer and you feel pressured to accept a low offer, you should know you may have the right to switch lawyers in an Illinois workers’ compensation case. We explain what injured workers need to know here: can I switch lawyers in an Illinois workers’ compensation case?

What Is a Fair Workers’ Comp Settlement?

A fair workers’ comp settlement reflects the documented impact of the injury—not just the insurance company’s first offer. In Illinois, fairness often depends on:

• The body part injured and degree of permanent loss
• Objective medical findings and treatment history
• Permanent work restrictions and job impact
• FCE results and treating physician opinions

If you already received an offer and want a simple way to evaluate it, we created a short checklist of the key questions to ask before you sign anything: ask these 5 questions about your workers’ comp settlement offer.

What Is My Illinois Workers’ Comp Case Worth?

Every case is different. Still, understanding how Illinois workers’ compensation cases are valued can help you identify low offers and avoid settling too early. If you want the best starting point, we walk through the value drivers (and what insurers usually focus on) here: what is my Illinois workers’ comp case worth?

If you’d rather start with a broader overview of the system and your rights, you can read our Illinois workers’ compensation guide, and if you’re looking for representation in the Chicago area specifically, this page is a good place to begin: Chicago workers’ comp lawyer.