Legal Question in Workers Comp in Illinois

Re: Work mans comp

I have to apologize on behalf of some attorneys on this board are just using it only as a promotional platform and they appear not giving a hoot about the people who have real questions.

Here is how it works: when the check arrives from the insurance company, it is always written to the name of the claimant (here your husband) and the attorney. Once the check is endorsed by everyone (you may have given him power of attorney to sign in the contract your husband signed with him) the check is deposited in a "trust account". This sort of accounts are regulated by the State and all the interest earned by the monies in it go to the State of Illinois to pay for legal help to those who cannot afford it. This is done by the bank and the owner of the account (your attorney) has no control over it. By law, he cannot deposition the check into his own account--because that is something he could lose his license over, I don't know any lawyers who will jeopardize their license like this.

But there are some who would. So here what I suggest you do: Give him about 2 to 4 weeks to make the distributions. That is usually how long it may take to prepare a case to be closed. If you have not received a check in that time, then make a demand of immediate payment, in writing and send it to him certified mail with return receipt requested. Give him a week to comply. If he does not, then contact Attorney Registration and Disciplinary Commission and file a claim--they will straighten the entire thing out within 14 days.

I hope this answer your question.

Taradji Law Offices

Re: Work mans comp

I agree with Nima completely in his response (and comments).