Hiring a Workers' Compensation Lawyer in Illinois
The limits on workers' comp lawyer fees in Illinois, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Illinois: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. Linked from the Illinois Courts rules page: https://www.illinoiscourts.gov/rules/supreme-court-rules?a=viii |
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| If a lawyer takes your money | The ARDC's Client Protection Program, funded by Illinois lawyers' registration fees, reimburses clients who lost money or property through a lawyer's intentional dishonesty while acting as their lawyer or fiduciary, or who lost unearned fees when a lawyer died or went on disability inactive status. The lawyer must have been disciplined by the Illinois Supreme Court or have died, and you must have made reasonable efforts at civil remedies. Negligence, fee disputes and insured or bonded losses are not covered. Maximum: $150,000 per loss and $1,500,000 for all claims about one lawyer. File within three years of learning of the loss or within one year after the lawyer was disciplined or died, whichever is later. Filing is free. |
Illinois rules to know first
| Lawyer fee limits | Illinois limits a claimant attorney's fee in workers' comp cases to 20% of compensation recovered, up to 20% of 364 weeks of the maximum TTD benefit, unless a hearing is held and the Commission approves additional fees. No fee may be charged on payments the employer made voluntarily and on time; if the employer made a written offer, the fee applies only to the amount recovered above the offer and may never exceed 20% of the total award. The fee must be stated on the Attorney Representation Agreement form, signed by the employee and approved by the Commission. |
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| Deadline to file a claim | In most cases, the employee must file a claim with the Commission within three years after the injury, death or disablement from occupational disease, or within two years after the last payment of temporary total disability benefits or a medical bill, whichever is later. Some disease and death cases have different time limits. |
| Deadline to challenge a denial | A disputed claim is heard first by an arbitrator of the Illinois Workers' Compensation Commission. To appeal the arbitrator's decision to the Commission (a panel of three commissioners), a party must file a petition for review within 30 days of receiving the arbitration decision; to take the Commission's decision to circuit court, a party must file a request for summons within 20 days of receiving the review decision. Commission decisions are final for cases involving State of Illinois employees. The deadline to file the original claim is in workcomp/claim_deadline. |
| Can you sue your employer? | An employee covered by the Workers' Compensation Act has no right to sue the employer, its insurer, or certain related safety-service organizations for a work injury or death other than through workers' comp benefits. The Act allows a civil action against the employer when compensation would be barred by a period of repose. Read on ilga.gov on 2026-10-28. Source: 820 ILCS 305/5(a), 305/1.2 |
| Suing someone other than your employer | If someone other than the employer is legally liable for the injury, the worker may sue that person even though workers' comp is paid. The employer is repaid the compensation paid out of the recovery (paying its share of costs and, absent another agreement, 25% of its reimbursement as attorney's fees) and has a lien on the recovery. The worker must notify the employer of the lawsuit by personal service or registered mail, and a settlement needs the written consent of both. If the worker has not sued by 3 months before the deadline, the employer may sue. Read on ilga.gov on 2026-10-28. Source: 820 ILCS 305/5(b) |
| Filing a claim online | In Illinois, tell your employer about a work injury as soon as practicable and no later than 45 days after the accident (orally or in writing, with the approximate date and place). The employer must inform its insurance carrier or administrator and report accidents to the Illinois Workers' Compensation Commission on Form 45, Employer's First Report of Injury, for injuries causing more than three lost workdays; an accident report does not trigger any action by the Commission. If the employer does not pay benefits, the worker may file a claim at the Commission, which is done electronically in CompFile (pro se workers must register for a CompFile account). Help: Chicago 312-814-6500, Springfield 217-785-7087, Collinsville 618-346-3484, TDD/TTY 866-383-4370; wcc.compfile@illinois.gov. Pro se resources: https://iwcc.illinois.gov/resources/resources-for-pro-se.html |
Find and check a lawyer
| Lawyer referral service | The Illinois State Bar Association's Illinois Lawyer Finder lets you search an online directory of lawyers by area and field of law, or call for a referral matched to your location and type of legal problem. ISBA says you can "receive a 30-minute consultation with a lawyer in your area for no more than $25." Phone referrals: 217-525-5297, Monday-Friday 9:00-3:00. You are not obligated to hire the lawyer; discuss fees for further services. Phone referral page: https://www.isba.org/public/phonereferral |
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| Check that the lawyer is licensed | The Attorney Registration and Disciplinary Commission (ARDC) of the Supreme Court of Illinois runs the official Lawyer Search. Search by last name (with options for former names, exact or phonetic match) and optionally first name, status (such as authorized to practice), county, city, state or country. A Recent Status Changes tab lists lawyers whose status changed due to registration, MCLE non-compliance, or discipline or disability orders. ARDC: (312) 565-2600 (Chicago) or (217) 546-3523 (Springfield). Source: Illinois ARDC, Lawyer Search |
| Check discipline history or file a complaint | Complaints (requests for investigation) about Illinois lawyers go to the ARDC. File online, with the downloadable form, or by letter, mail, fax or email to the Chicago office (130 E. Randolph Dr., Ste. 1500, Chicago, IL 60601-6219) or Springfield office (3161 W. White Oaks Dr., Ste. 301, Springfield, IL 62704). There is no fee. ARDC generally notifies you in writing within two weeks whether it will investigate; the lawyer gets a copy of the complaint, and most investigations conclude within 90 days. General dissatisfaction with fees usually is not grounds for discipline, though improper, fraudulent or unrefunded unearned fees can be. Disciplinary case records are searchable on the ARDC site. Phone: (312) 565-2600 or (800) 826-8625 in Illinois (Chicago); (217) 546-3523 or (800) 252-8048 in Illinois (Springfield). Discipline case research: https://iardc.org/DisciplinarySearch Source: Illinois ARDC, File a Complaint |
Free legal help
| Free legal aid | The Illinois Courts self-help page links to IllinoisLegalAid.org to apply for legal aid, Illinois Court Help for referrals and e-filing help, and resources for self-represented litigants. Illinois's LSC-funded legal aid organizations, which give free civil legal help to eligible low-income people, are Land of Lincoln Legal Aid, Legal Aid Chicago and Prairie State Legal Services. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Illinois · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.