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Will I be offered a work comp settlement for torn meniscus even if I don't hire a lawyer? If so, how long after full release?

Wauconda, IL |

Live in Illinois. Been back to work for 2 months now. Total release from doctor 6 weeks ago. I had a different injury 8 years ago. Surgery for torn shoulder labrum and was offered a settlement without hiring a lawyer.

Attorney Answers 5


  1. Perhaps. However, having done this work for over 23 years I can tell you the insurers will either ignore you or lowball you horribly.

    Insurers go out of their way to "discount" pro se cases.

    If you want fair value, all issues resolved, and no hassle with only a 20% fee, you would be much better off with a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. Your best bet is to wait a few months to be sure you don't have a relapse from your injury and then call the adjuster to see what their offer is. They usually will not offer as much to you as they will to an attorney representing you. You can always get a free consultation from an attorney that practices in workers compensation injuries. MICHAEL LEBOVITZ, 3250 N Arlington Heights, IL tel (847)-590-1795

    This information should not be construed as legal advice on any subject matter. It is not intended to solicit clients and does not constitute any type of transaction. Michael Lebovitz expressly disclaims all liability with respect to actions taken or not taken based on the information provided. No attorney-client relationship exists without a signed Attorney Client Agreement.


  3. You will probably get an offer but you will not do nearly as well and if there are issues that need to be resolved to improve your situation those can get missed. Talk to an atty like some of the ones here from Illinois


  4. Perhaps. Even if you do, I guarantee that the settlement will be MORE than 20 % less than if you hire an attorney. In Illinois, it doesn't cost, it pays, to be represented by an experienced Workers' Compensation attorney. In addition, you must deal with all the headaches of who has or has not been paid.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  5. Some insurance companies will aggressively look to settle soon after you are released by your doctor. They will offer you less than you will get with an attorney in most circumstances. The "perfect" offer in this case is lower than the attorney would have obtained but high enough that an attorney will not want to get involved because this offer had already been made. Other insurance companies will hold their breath and wait until the Statute of Limitations has run. If you do nothing by then your case is dead. You must file a claim with the Workers' Compensation Commission within three years of the date of accident or two years from the last payment of compensation, whichever is later. filing with the insurance company does NOT toll the Statute of Limitations.

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