Plainfield, IL asked in Workers' Compensation for Illinois

Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

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2 Lawyer Answers
Richard K. Johnson
Richard K. Johnson
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of your case at the Commission. Go to https://www2.illinois.gov/sites/iwcc/Pages/default.aspx and put your case number into the system to see what the Commission is reporting on your case. Good Luck!

Richard K. Johnson

Katz, Friedman

www.katzfriedman.com

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

A: There is more to this. When two attorneys agree on case value, the defense attorneys insist on preparing the contracts because they can charge the insurance company for the service. I have NEVER received agreed contracts that were NOT already signed by the defense attorney BEFORE I or my client sign them. Once they are signed, YOUR attorney must take the contracts to the Arbitrator to be APPROVED. This may take a week, at most. YOUR attorney then sends the Approved contracts to the defense attorney and the insurance company for payment (usually 2-3 weeks). Your attorney isn't telling you the whole story. Defense counsel is at the Commission almost every day. If the situation is as your attorney represents, he could corner the defense attorney to sign them nearly any day of the week.

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