why my lawyer i have in the workers comp firm keep changing

There certainly are legitimate reasons to switch attorneys without reservation—for instance, if your lawyer doesn't stay in contact with you, is rude or unprofessional, or clearly lacks expertise in workers' comp. But many clients, frustrated with the endless delays in their case, blame their attorneys when the real fault lies elsewhere.

Full Answer

Can I change my workers'comp lawyer?

You must ask your current lawyer to withdraw and give you your file. Then you can take the file to a new lawyer. The two lawyers will end up sharing the fee, so it may be hard to find a new lawyer to take your case. If you hired a competent workers' comp lawyer the first time around, you may be better off in the long run keeping that lawyer.

Why hire a lawyer for a workers’ compensation claim?

A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, a lawyer can argue the penalties are unwarranted.

Do you know the difference between a workers’ comp attorney and lawyer?

Read on for tips on recognizing the difference. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers).

Will hiring a new workers'comp attorney speed up my case?

The huge backlog of cases in most workers' comp courts can lead to further delays. In the vast majority of cases, blaming your attorney for these delays is like blaming the waiter because your steak isn't cooked properly. The fault usually lies with the chef, not the server. In most circumstances, hiring a new attorney won't speed up your case.

How long do most workers comp cases last?

This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees reach the age of 65.

Why do attorneys take so long to respond?

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.

How often should my lawyer update me?

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.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe 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.

Things to Consider Before Firing Your Workers' Comp Lawyer

First, you should know that it might be more difficult to find another workers' comp lawyer to represent you after you fire your first one. Rightly...

Reasons Injured Workers Look For New Attorneys

Now let's look more closely at some of the most common reasons injured employees get frustrated with their workers' comp attorneys—and when switchi...

What Happens to The Attorney’S Fee If I Fire My Lawyer?

As you no doubt learned when you hired your first lawyer, workers’ comp attorneys generally work for a percentage of the benefits the client receiv...

How to end a client attorney relationship?

To end the relationship, you will need to officially notify your attorney that you are ceasing the attorney-client relationship. You will also need to sign a retainer agreement with a new attorney. Then, both attorneys will need to negotiate the settlement fee for any benefits awarded.

Why are some attorneys reluctant to take a case after the first attorney has been dismissed?

Some attorneys are reluctant to take a case after the first attorney has been dismissed, because that first attorney may still be entitled to compensation for their services from your case.

Does a lawyer specialize in workers compensation?

Your Attorney Does Not Specialize in Workers’ Compensation – It is important that the attorney you hire for your case understands New York workers’ compensation laws. If you are not confident in your attorney’s experience and ability to grasp these laws and regulations, consider moving to an attorney that does.

Do I have to pay higher fees for Workers Comp?

However, you will not have to pay a higher fee because of the change, and a Workers’ Compensation Law Judge will be required to approve all fees requested by any lawyer. If you are dissatisfied with your Workers’ Comp attorney, contact Erwin, McCane & Daly today.

What to do if your attorney is not up to the task?

But if the attorney is clearly not up to the task, then it’s probably time to move on.

What is a written contract for a workers comp lawyer?

It’s important to have a written contract stating that the new lawyer will be responsible for paying your previous attorney out of the contingency fee. The fee agreement should also explain who will pay the out-of-pocket costs of pursuing your workers’ comp case.

What is the job of a workers comp lawyer?

This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.

Why doesn't my lawyer return my calls?

Your Lawyer Doesn’t Return Your Calls. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case ...

What to do if your health insurance benefits stop?

If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).

What does it mean when a lawyer can't answer questions?

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.

When will my weekly benefits stop?

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.

Can an attorney rush you into a bad deal?

But an attorney who rushes you into a bad deal may not be looking out for your best interests.

Can a lawyer give you attention?

Other times, however, a lawyer may not be giving your case the attention it needs. You could have a real problem if your lawyer is unreachable for weeks at a time or doesn’t respond to fair requests in a reasonable amount of time.

What happens if an insurance company works against you?

If the insurance company is working against you, your lawyer may need more time to gather the evidence necessary to bolster your claim. Workers may also become frustrated if the insurance company makes a lowball offer. However, this is out of the attorney’s hands.

Why is finding another lawyer difficult?

Finding another lawyer to take a case could be difficult because the old lawyer may be entitled to a portion of any legal fees collected in the claim. This is why it is so important to find an attorney you can trust with a proven record in workers’ compensation cases.

Why do injured workers want to fire their attorneys?

Reasons Why Injured Workers Want to Fire Their Attorneys. Injured workers may become frustrated with the pace of the process . However, this is something that is often out of the workers’ comp attorney’s hands. The workers’ compensation insurance company may be causing the process to take longer than you think it should.

What happens if you fire an attorney?

If you fire your attorney and hire another one, the fired attorney is still entitled to a portion of legal fees that may be recovered in your claim. This is something that should be explained in the retainer agreement you signed with the attorney.

Can an injured worker hire a new attorney?

If an injured worker is unhappy with his or her workers’ compensation attorney, he or she may be able to hire a new one. However, while there are some legitimate reasons to be dissatisfied with an attorney, sometimes clients are unhappy about things that are out of a lawyer’s control.

Can a former lawyer file a lien on a workers compensation case?

If the lawyers are unable to reach a fee-sharing agreement, the former lawyer may file an attorney’s lien on your workers’ compensation case to receive his or her fee when your case is resolved. This is why other lawyers may not want to take your case.

How can a lawyer help you with workers compensation?

A good lawyer will guide you through your workers’ compensation claim by explaining each step of the process in a clear manner. If you’re confused or caught off guard by events, it might be a sign your lawyer lacks the ability (or desire) to effectively communicate.

How to know if you hired the wrong workers compensation attorney?

It’s not always easy to tell whether you hired the wrong workers’ compensation attorney. Here are 10 telltale signs you should seek new counsel. Pursuing a workers’ compensation claim is stressful. Your medical bills are likely mounting and you may be wondering whether you’ll ever be able to return to work.

Why is third party compensation important?

Third-party claims are important because workers’ compensation benefits are limited and therefore you can sue the third party for the damages you’re not able to recover through your workers’ compensation claim (such as pain and suffering ).

What does it mean when your lawyer misses a deadline?

This usually means that your lawyer missed an important deadline, failed to submit requested documents or failed to communicate with you on what to expect. If this happens to you and your attorney doesn’t have a good explanation, it’s time to look for an attorney who can stay on top of things. 7.

Can a lawyer file a third party claim?

Your lawyer won’t file other claims. Sometimes, a workers’ compensation claim is your only remedy. However, work-related accidents often provide the opportunity to file third-party claims. A third-party claim is a lawsuit filed against anyone other than your employer or colleague. Here’s an example:

Do paralegals handle medical records?

It’s common for paralegals to know the details of your case and to handle certain administrative tasks related to your case, such as requesting medical records and organizing discovery documents. However, paralegals are “support staff” and should not be handling the brunt of your case.

Can a lawyer accept an unfair settlement?

Settlements can be advantageous, but only if they’re fair. If your attorney seems anxious to accept an unfair settlement offer, it could be because they’re afraid to go to court or because they’ve taken on too many cases and want to get yours over with.

Bobby L. Bollinger Jr

You can change lawyers. You must ask your current lawyer to withdraw and give you your file. Then you can take the file to a new lawyer. The two lawyers will end up sharing the fee, so it may be hard to find a new lawyer to take your case.

George Ellis Corson IV

Yes you can change Attorneys, but sometimes the grass does not become greener next door. WC is a volume practice, and the Plaintiff Attorneys have a lot of clients who call them regularly. Talking to every client every time that they have a minor question leaves no time to solve the important problems.

Michael Scott Rothrock

I would first suggest talking with your current lawyer about your dissatisfaction and see if it can be resolved to avoid any delays, etc. on your claim.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.