why is it taking forever for my worker's comp lawyer to talk to me?

by Rodolfo Carter PhD 7 min read

Workers' comp cases can also be slow, and you may not always understand why. Most of the time, your lawyer has no control over the time that various stages in the process take. For example, it may take several months to get a hearing on schedule because of a backlog at the state workers’ compensation agency.

Full Answer

Why is it so hard to get a workers’ compensation attorney?

Sep 26, 2016 · As such, insurers may intentionally take their time with a worker’s claim and search for any reason to deny payment. Doctor reporting: Your physician may be taking too long to provide the insurance company with the necessary medical reporting. Doctors work with insurance companies on a regular basis and oftentimes owe their livelihoods to ...

Why is my Workers'Comp case taking so long?

Apr 03, 2014 · You shouldn’t, however, need to wait forever to hear back from your lawyer. And there’s no reason why they shouldn’t explain to you what’s going on and how long it will take. Here are some common delays: The insurance company is fighting your claim. If your claim was denied, you can request a hearing to argue for benefits.

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

For example, if your lawyer missed the deadline for filing your workers' comp claim, and there was no way to correct the mistake, you could potentially win an malpractice award that would compensate you for your lost workers' comp benefits. But you would still have to prove that you were likely to win your workers' comp case if you had been ...

What are the biggest complaints about workers’ comp lawyers?

Nov 28, 2018 · Workers' comp cases can also be slow, and you may not always understand why. Most of the time, your lawyer has no control over the time that various stages in the process take. For example, it may take several months to get a hearing on schedule because of a backlog at the state workers’ compensation agency.

How long should a lawyer take to respond?

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.Dec 28, 2019

Why do lawyers take so long to get back to you?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

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

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.Sep 27, 2018

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

How often should I hear from my attorney?

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.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How long does it take for a lawyer to review a case?

Question: Why is it taking so long for your lawyer to make a decision whether to accept your case? Answer: It should rarely take more than 4-6 weeks for a malpractice lawyer to make a decision about your case.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do I know if my lawyer is cheating me?

The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How long does it take to get a workers comp hearing?

Most of the time, your lawyer has no control over the time that various stages in the process take. For example, it may take several months to get a hearing on schedule because of a backlog at the state workers’ compensation agency. Or it may take several weeks ...

What is the ethical duty of a lawyer?

Your lawyer has an ethical duty to keep you reasonably informed about important matters in your case. If multiple phone calls and emails have gone unreturned, it may be time to start thinking about hiring a new lawyer.

Insurance Requests for Second Opinions Also Take Time

The other thing injured workers are surprised to learn is that when the insurance company requests a second opinion, they will not approve any new treatment until the second opinion is performed and the adjuster is able to review the independent doctor’s evaluation.

Insurance Adjusters Work on Several Cases at Once

From what I have seen, adjusters are usually working on several different cases at once, so, they are dealing with multiple injured workers, doctors, case managers, and, sometimes, attorneys. Please understand, I am NOT making excuses for any adjuster or any insurance company that delays an injured worker’s treatment.

About the Author: Michele Lewane

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia.

Your Workers' Comp Benefits Stop Without Explanation

If you’re receiving weekly benefit checks while you’re off work, they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI)—meaning that you’ve recovered as much as can be expected.

Your Lawyer is Pressuring You to Settle

There’s a big difference between explaining your realistic options and pressuring you to accept a lowball settlement offer. It may be time to adjust your expectations if your lawyer has given you clear reasons as to why the offer is the best you’re going to get, or why your chances of winning at a hearing are low.

Workers’ Compensation Is A Slow Process

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First of all, let me just tell you flat out that filing a workers’ compensation claim is an imperfect and SLOW process. I’m not trying to scare anyone but the truth needs to be told. The insurance company has the right to review your whole medical history, as well as any records relating to your current injury before making a dete…
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Insurance Requests For Second Opinions Also Take Time

  • The other thing injured workers are surprised to learn is that when the insurance company requests a second opinion, they will not approve any new treatment until the second opinion is performed and the adjuster is able to review the independent doctor’s evaluation. Depending on scheduling and the amount of time it takes the doctor’s office to forward their evaluation on to t…
See more on injuredworkerslawfirm.com

Insurance Adjusters Work on Several Cases at Once

  • From what I have seen, adjusters are usually working on several different cases at once, so, they are dealing with multiple injured workers, doctors, case managers, and, sometimes, attorneys. Please understand, I am NOT making excuses for any adjuster or any insurance company that delays an injured worker’s treatment. In fact, nothing irks me more than when my clients have to …
See more on injuredworkerslawfirm.com

Other Reasons Your Workers’ Compensation Claim May Take A While

  • There are also other reasons the process can be delayed. For example, if you haven’t filed a Claim Form with the Virginia Workers’ Compensation Commission, the adjusters know that they have a lot more freedom in how they manage your claim because they don’t have the Commission overlooking the matter. Also, you need to know that when you file the Claim Form, there is also …
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