Asked in Workers' Compensation for Illinois

Q: I have an open case since last aug. As of June 26 I have been told my case is on hold because the company is selling.

Can they do that and is it too late for me to switch lawyers

Related Topics:
2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Workers' Compensation Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: What you're probably running into is the normal confusion surrounding the sale of a business. It should make no overall difference to your case. If your employer had workers' compensation insurance in effect on the date of your accident, that insurance company continues to be responsible for your case. If your employer did not have workers' compensation insurance in effect on the day you were injured, then the buying company and the selling company will resolve the question of who's picking up liability in your case as part of their buy-sell agreement.

In answer to your other questions, it's not too late to switch lawyers, but nothing about the situation you've described justifies doing so. Your lawyer can't do anything about the sale of your employer. If you have reasons to switch attorneys that are unrelated to the sale of your employer, that's different.

Charles Candiano
Charles Candiano
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Sale of a business has absolutely nothing to do with the processing of a Worker's Compensation claim. The decision of who you choose to represent you always belongs to you. You can fire any attorney, at any time. It is very important that you exercise that power wisely and after reflection. In Worker's Compensation and other contingent litigation, your case will be less attractive to another attorney because your first attorney has a claim to some part of the fee. In other words, you are asking all successor attorneys to work for a discounted fee. There are situations where it still makes sense to change attorneys but you owe it to yourself to truly understand what is going on with your case before you make such a decision. The best way to accomplish this is by meeting, face-to-face, with your attorney. Before that meeting, prepare a list of questions on a piece of paper or a note card or you will leave the meeting with more questions than answers.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.