When Should I Hire a Workers’ Compensation Attorney in Illinois? (Pros & Cons Guide)
If you were injured at work in Illinois, you may be wondering:
“When should I hire a workers’ comp attorney?”
Illinois workers’ comp law caps attorney fees at 20%, and that fee is exactly the same whether you hire us:
-
The day after your accident
-
After treatment
-
After a denial
-
After an IME
-
Right before settlement
⭐ So if the fee is the same no matter when you hire us, why wait until something goes wrong?
At McHargue & Jones, we strongly believe the value we add—even in small cases—almost always exceeds the 20% fee. Most people don’t realize how much compensation they are owed or how often insurance companies underpay claims.
Below is a concise guide on when you should hire a lawyer, when you might not need one, and why getting help early protects your rights.
Injured at Work in Chicago?
Get your free Illinois workers’ comp case review. You don’t pay unless we win.
Click Here to Start Your Free Case Review
Or tap to call (312) 739-0000.
When You SHOULD Hire a Workers’ Comp Lawyer in Illinois
1. Your Claim Was Denied
If you received a denial letter, hire a lawyer immediately.
Insurers often deny claims by claiming:
-
“Not work-related”
-
“Preexisting condition”
-
“No medical support”
-
“IME says you’re fine”
A lawyer can reverse unfair denials quickly.
👉 Link: Denied Workers’ Comp Claims
2. Your Medical Care Is Delayed or Denied
If your MRI, surgery, or specialist referral is stalled, you need representation.
Delays harm your health and your case.
⭐ Remember: you pay 20% whether you hire us today or months from now.
Getting help early prevents unnecessary delays.
3. Your TTD (wage checks) stopped or are late
Insurers often stop payments using excuses like:
-
“You can return to work”
-
“We need more documentation”
-
“IME cleared you”
Your attorney forces compliance with Illinois law and restores your benefits.
4. You Have Permanent Restrictions or Serious Injuries
If your doctor gives you:
-
No repetitive use
-
Standing/sitting limits
-
No return to your old job
…your settlement value may increase dramatically, and so does the insurer’s motivation to underpay you.
A lawyer ensures your settlement reflects the true long-term impact.
👉 Link: What Is My Case Worth?
5. You’re Headed to an IME
IME doctors are paid by insurance companies and often minimize injuries.
A lawyer will:
-
Prepare you for the IME
-
Protect your treating doctor’s opinion
-
Challenge biased reports
6. You Received a Low Settlement Offer
Lowball settlements are extremely common.
Without a lawyer, injured workers almost always accept far less than they deserve.
Your attorney negotiates:
-
Correct wage calculations
-
Proper disability ratings
-
Future medical care
-
PPD or wage differential benefits
👉 Link: Questions to Ask Before Accepting a Settlement
We Proudly Handle “Small” and Minor Cases Too
Many workers think their case is “too small” for a lawyer. We strongly disagree.
1. Small injuries often become bigger injuries
A “simple” sprain, strain, or jammed finger may turn out to be:
-
A tear
-
A herniated disc
-
A fracture
-
A long-term restriction
Having a lawyer early protects you if the injury worsens.
2. Even small cases can mean meaningful money
If you earn $600/week, a settlement of $3,000–$10,000 can make a major difference.
Illinois law allows compensation even for minor injuries — and you deserve it.
We proudly fight for:
-
Workers totally disabled for life
-
Workers needing surgery
-
Workers with minor injuries who still deserve compensation
Every injured worker matters.
Every case matters.
And every case gets our full effort, big or small.
🟥 Pros & Cons of Hiring a Workers’ Comp Lawyer
⭐ Pros
-
Higher settlement values
-
Faster medical approvals
-
Protected wage benefits
-
No dealing with insurance
-
Correct disability ratings
-
Stronger legal leverage
-
No upfront fees
-
Fee is always capped at 20%
⚠️ Cons
-
The 20% fee reduces a portion of the final settlement
-
Very simple cases may not require representation
-
Legal cases can take time (but delays usually come from insurers, not lawyers)
So… When Should You Hire a Lawyer?
You should hire a workers’ comp lawyer if:
-
Your claim is denied
-
Your medical treatment is delayed
-
Your wage checks stop
-
You receive an IME notice
-
You have permanent restrictions
-
Your employer disputes the injury
-
You’re offered a settlement
-
You simply want to protect your rights
⭐ And again: the fee is 20% no matter when you hire us — so getting help early only benefits you.
👉 Link: Why Should I Hire a Workers’ Comp Attorney?
👉 Link: Benefits of Hiring a Workers’ Comp Attorney
Injured at Work in Chicago?
Get your free Illinois workers’ comp case review. You don’t pay unless we win.
Click Here to Start Your Free Case Review
Or tap to call (312) 739-0000.


