If you have been hurt on the job by someone who does not work for your employer, you may be able to bring a separate lawsuit in addition to your workers' compensation claim. When you may have both a workers' compensation claim and a third party claim you should consult an attorney. Questions, Worries or Concerns
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If you conclude that you simply can't work with your lawyer anymore, fire your lawyer and find someone new.
It's often hard for a client to know whether or not a lawyer is doing a good job. But if you think your lawyer's ability leaves something to be desired, investigate -- before it's too late. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them.
You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Often, if an injured worker does not return to work in what the employer or insurance carrier deems to be a reasonable time, the carrier will file a petition to stop or modify his benefits.
After an employee is injured, the employer must either accept or deny an injury within 21 days. Once an injury is accepted as work related, the insurance carrier is liable for medical bills and/or wage loss benefits as long as that employee continues to be disabled under the PA Workers’ Compensation Act.
Generally, if you fall down at work and break your leg, most likely, you will receive workers’ compensation benefits for time missed for work and your medical bills will be paid by your employer’s workers’ compensation insurance company. However, not all injuries are quite as obvious as a broken leg.
The best advice to anyone injured at work would be to see a lawyer just to learn your rights. At least in Pennsylvania, a consultation with an attorney who practices in this specific area is usually free. There are many things that average people do not know about their rights under the Workers’ Compensation Act of Pennsylvania. How quickly must the injured worker report his injury? What amount will the injured worker get paid while he or she is out of work, and how is this amount determined? If the injured worker is out of work for an extended time, how long will the benefits continue?
For instance, some injuries happen over time – a repetitive trauma. Carpal tunnel, aggravation of pre-existing asthma, or thoracic outlet syndrome are a few examples of work injuries whose causation may not be so obvious. If someone uses her hands at work all day, perhaps the repetitive use caused carpal tunnel over time, perhaps not.
The short answer is absolutely “yes.”. These are the very situations that naturally happen when a hard worker does not want to look like a crybaby or seek medical treatment, or is afraid of missing work or being fired for pursuing his workers’ compensation rights.
In fact he has done this many times before, and usually the pain goes away in a few days. However, this time, his pain does not go away. In fact, this time, after the weekend, he can not even get out of bed.
Prior to calling, it is best to take a few minutes to sit down to organize and collect your thoughts. It doesn’t need to be anything formal or fancy but just something to guide you and help the call go smoothly.
Who you speak to when you initially call a law firm regarding a personal injury matter can depend on the size of the law firm and how they structure their intake process.
No. Just because you call and talk to a lawyer, and even if you meet with the lawyer, it does not mean that you must hire that lawyer or their law firm. You can call and talk to as many lawyers as you like without being committed to any of them as a client.
You should know that any conversation, involving legal advice, you have with a lawyer is privileged and confidential. Unlike on television, an exchange of money is irrelevant to establishing attorney-client privilege and confidentially. No matter what happens moving forward, that conversation you had is completely protected.
Once the attorney has a good understanding of the facts and nature of your situation, the attorney will then discuss his/her perspective about your case and your options on how to proceed. In certain circumstances, the attorney may need more information such as medical records before a decision can be made about the strength of your case.
Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident.
Sometimes your on-the-job injury might have been caused by the negligence of a third party. Depending on the circumstances, this other person or entity may be a designer or manufacturer of a defective piece of equipment or perhaps the driver of a delivery truck.
The next step you can take to protect your rights is to file a claim with the workers' compensation court or industrial court in your state.
Generally speaking, however, there are a number of legal rights that are common across most states: 1 you have the right to file a claim for your injury or illness in workers compensation court or the state industrial court 2 you have the right to see a doctor and to pursue medical treatment 3 if you are released to return to work by your physician, you have the right to return to your job 4 if you are unable to return to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation 5 if you disagree with any decision by your employer, the employer's insurance company, or the workers' compensation court, you generally have the right to appeal that decision, and 6 you have the right to be represented by a lawyer throughout the process.
if you disagree with any decision by your employer, the employer's insurance company, or the workers' compensation court, you generally have the right to appeal that decision, and
Generally speaking, however, there are a number of legal rights that are common across most states: you have the right to see a doctor and to pursue medical treatment.
Civil lawsuits for work-related injuries can typically seek additional personal injury damages that are not recoverable in a workers' compensation claim. For example, the benefits you receive in a workers' compensation claim are typically intended to reimburse you for your medical expenses and lost wages -- you are usually not allowed to seek compensation for pain and suffering. In a third party claim, you generally are allowed to seek compensation for pain and suffering, which is a category of "non-economic" damages.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
A thorough investigation of all aspects of a personal injury case is essential. A good personal injury lawyer will, among other things: 1 visit the accident scene if at all possible, and take pictures 2 get all documents relating to your accident, including police reports 3 talk to (or have an investigator talk to) all witnesses to your accident 4 get all of your medical records and medical bills relating to the accident 5 get all of your prior medical records that might have some relationship to your current injury 6 have a good line of communication open with the insurance adjuster and defense attorney 7 respond to your telephone calls, emails, letters, and texts promptly 8 make sure that he/she understands the applicable law 9 keep you informed on the status of your case 10 appear to have an organized file, and 11 if the case is in suit, meet all court-imposed deadlines.
A good personal injury lawyer will, among other things: visit the accident scene if at all possible, and take pictures. get all documents relating to your accident, including police reports.
When lawyers try to hide things from their clients, that can often mean there has been a procedural mistake, like missing a court-imposed deadline, and the attorney is scrambling to fix it before the client finds out. As the client, you have an absolute right to see your file and to be copied on incoming and outgoing correspondence. If your lawyer has a problem with that, then you should have a problem with your lawyer.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.
If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.
It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.
Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.