Can I Switch Attorneys During the Middle of My Illinois Workers’ Compensation Case?
It’s not uncommon for injured workers to feel uncertain—or even frustrated—about their legal representation once a workers’ compensation case is underway. Maybe communication has slowed. Maybe your questions aren’t being answered. Or, maybe you simply don’t feel confident your case is being handled the way it should be.
That leads to a question many Illinois workers ask: Can I switch attorneys in the middle of my workers’ compensation case? The short answer is yes—you can.
Here’s what you should know before making that decision.
You Have the Right to Change Attorneys
Under the Illinois Workers’ Compensation Act, injured workers are not locked into one attorney for the duration of their case. You have the right to change legal representation at nearly any stage of the process—whether your claim is just beginning or already pending before the Illinois Workers’ Compensation Commission (IWCC).
Your case belongs to you. An attorney represents your interests, but you are free to make a change if those interests aren’t being met.
Common Reasons Workers Decide to Switch
Every situation is different, but some of the most common reasons injured workers seek a new attorney include:
- Difficulty getting return calls or updates for weeks or months at a time
- Confusion about the status of their case
- Disagreements about settlement strategy
- Feeling pressured to accept a result that doesn’t seem fair
- A breakdown in trust or communication
These concerns matter. Workers’ compensation cases can last months or years and clear communication is essential.
Will Switching Attorneys Hurt My Case?
In most situations, no. Changing attorneys does not negatively impact the merits of your workers’ compensation claim. The IWCC process continues, deadlines still apply and your legal rights remain the same.
What can cause harm is staying in a situation where your case is not being actively or effectively handled. Early correction is often better than waiting until problems compound.
But, be cautious because changing attorneys multiple times during the pendency of a case can cause problems. Delays, changes in strategies or missing information can all compound an already difficult situation. That is why choosing the right attorney from the start is so important.
What Happens to Attorney Fees?
This is one of the biggest concerns injured workers have. Illinois law regulates workers’ compensation attorney fees, and switching attorneys does not mean you pay double.
Typically:
- The 20% fee is divided between attorneys based on work performed or quantum merit
- The total fee is still subject to limits under Section 16 of the Act
- You should not have to pay anything out of pocket to switch attorneys
The specifics depend on timing and circumstances, but fee concerns should never force you to remain with representation you’re uncomfortable with.
Timing Still Matters
While you can change attorneys at almost any point, it’s best to act sooner rather than later if something feels wrong. Delays can lead to missed opportunities, incomplete evidence or strategic disadvantages that take time to undo.
A new attorney will need time to review records, medical evidence and procedural posture. It is not reasonable to expect a new attorney to jump in and change the course of the case instantly. This is another reason not to wait until the last minute.
How to Make the Switch
The process is actually quite simple. A new attorney can help:
- Obtain your file from prior counsel
- File the necessary attorney substitution paperwork
- Communicate with the opposing side and the IWCC
You don’t have to navigate the transition alone.
A Final Thought
Workers’ compensation cases aren’t just legal matters. They affect your health, your income and your future. You should feel confident that your attorney is advocating for you, communicating clearly and protecting your rights every step of the way.
If that confidence isn’t there, changing attorneys is not a failure. It’s a decision to take control of your case. And in Illinois, it’s a right you are fully entitled to use. If you are unhappy with your current legal counsel, reach out to the experienced team at Black & Jones by calling (815) 967-9000 or fill out this form to schedule a free consultation.