what do i do if my worker's comp lawyer won't call me

by Dr. Monserrate Howe 7 min read

The best advise we can give if you are realizing “my workers’ comp adjuster won’t return my calls” is to hire a lawyer who can take control of the situation. Our experience shows that minor issues can be resolved when a lawyer gets involved. The lawyer does not have to make his or her presence known until a problem occurs.

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.

Full Answer

Should I talk to a workers comp lawyer after a work injury?

However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.

Is your workers'comp lawyer not responding to your emails?

It's common for injured workers to complain that their workers’ comp lawyers don't communicate with them often enough. If your lawyer isn’t responding to your emails and phone calls, you're probably frustrated and wondering what you can do.

What happens when you call your workers’ comp lawyer out of blue?

Naturally, if you call the office out of the blue, it may take a few minutes to pull up your file and refresh the attorney’s memory. However, if your lawyer can’t answer simple questions about the status of your case, or repeatedly asks you the same questions, it may be a sign of neglect. Most workers’ comp cases are resolved through settlements.

What should I do Before I fire my workers comp attorney?

Before you fire your workers' comp attorney, make sure you can find another one. By Bethany K. Laurence, Attorney Question I'm not happy with my workers' comp lawyer. My case has been dragging on forever, and it's not looking like I'll get much from the insurance company.

What do you do when a lawyer won't respond?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

What is reasonable response time for a lawyer?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

Why do lawyers not call back?

So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.

Is it normal for an attorney to not communicating with me?

Understanding a failure to communicate If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Why do attorneys take so long to respond?

Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.

Why do lawyers take so long to settle a case?

Personal injury cases usually take quite some time to settle or resolve. The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation.

How do you follow up with a lawyer?

If you have already met with your attorney, you may want to write them to ask for another meeting. You can email them, or call them, but you may choose to write a letter. If you do so, keep it brief, formal, and clear. Format it like any business correspondence, and keep a copy for your files.

Do Lawyers lie to their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

How many times should I call my lawyer?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

Send Documents to The Workers’ Comp Adjuster by Certified Mail

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A common excuse we hear when clients tell us “my workers’ comp adjuster won’t return my calls” is that they did not receive documentation and cannot approve lost wages or medical treatment. Items like paystubs, work restrictions, medical records, and unpaid bills are suddenly missing from the file. We recommend send…
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Ask For A Notice of Dispute

  • Insurance companies are not permitted to stop payment of workers’ comp benefits without filing a formal Notice of Dispute (Form WC-107)with the State of Michigan. It should include a written explanation for nonpayment. Asking for this information will let the insurance company know that you understand legal rights. Watch out for excuses like “pending investigation” and “waiting on I…
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Hire A Lawyer Who Can Take Control of The Workers’ Comp Claim

  • The best advise we can give if you are realizing “my workers’ comp adjuster won’t return my calls” is to hire a lawyer who can take control of the situation. Our experience shows that minor issues can be resolved when a lawyer gets involved. The lawyer does not have to make his or her presence known until a problem occurs. All communication is confidential and there is no fee to …
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File An Application For Mediation Or Hearing

  • Want to get the adjuster’s attention quickly? File an Application for Mediation or Hearing (Form WC-104A). This starts a lawsuit against the insurance company for unpaid wage loss and/or medical bills. The insurance company will hire a lawyer to defend the action. We do not recommend starting a case unless you have an experienced lawyer on your side. Michigan Work…
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