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 the attention it needs.
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A good workers' comp attorney is able to turn down cases that don't promise to bring in a big fee, and because the attorneys' fee will have to be split between two lawyers, yours will become one of them, even if your permanent impairments are serious.
That said, if your lawyer doesn't seem to be doing any work on your case, isn't responding to your phone calls (and you're not calling too frequently), or doesn't seem to know enough about workers' comp laws in your state, you may be smart to consider changing lawyers.
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).
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.
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.
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.
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.
Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.
One of the first things you should discuss with your attorney is their fee structure. Most workers’ compensation attorneys work on a contingency fee basis, which means that you won’t have to pay them until you are compensated.
Have you found yourself calling your attorney incessantly to get updates on your case, and they are not responding? If you have, then you know how frustrating and infuriating it can be.
The vast majority of workers’ compensation cases are resolved through a settlement. Negotiating a settlement is usually the best decision for both you and the insurance company. That way, both of you will be saved from dealing with the hassle and expense of going to court to resolve the case.
Reliable attorneys will explain your situation carefully, and if an excellent offer comes along, you will know precisely why you should accept it. However, certain attorneys may try to pressure you into accepting a settlement, even if it appears to be a lowball offer from the insurance company.
Has your attorney asked you to change certain things about your claim to help you secure a “better settlement”? If that is the case, you should be extremely careful about what you agree to do next, as you could be on the verge of committing workers’ compensation fraud.
Workers’ compensation is not an easy or straightforward process. Many times attorneys may have to break the bad news to their clients. Some may think that hiding this information is the best course to keep their clients happy, but that is not the case.
The best workers’ compensation attorney knows the law, rules, and regulations inside and out. They represent your best interest and will make sure you received the best treatment and settlement. Find out more.
Crooked workers’ comp lawyers will often try to “pad” the damages. Sometimes they do so because they are also representing someone in a personal injury suit. Other times, they may do so for bragging rights. Either way, you and your lawyer could be in big trouble if you misrepresent your damages. If something doesn’t quite feel right, trust your gut and confront the attorney.
That means keeping you apprised of any upcoming important events and steps, such as your independent medical examination or worker’s comp hearing.
Here are some signs that an attorney is not really handling your case: He or she never returns your phone calls. Your lawyer seems unfamiliar with the details of your case when asked. You rarely, if ever, meet with the attorney in person, and all communication is funneled through someone else.
First, your lawyer should have plenty of experience handling all types of worker’s compensation claims. A legal counselor should also provide you with good communication, keeping you updated on changes as they occur. Choose someone who is not afraid to do battle on your behalf, whether the fight takes place at the negotiating table, in the courtroom or with a government agency.
But allowing a paralegal to handle the brunt of your case is NOT. Crooked workers’ comp lawyers often shove much of the work off onto their legal assistants, much to the detriment of their clients.
Bad worker’s comp lawyers don’t just fail to negotiate settlements. Often, they also encourage clients to settle too early, just so they don’t have to go to court. The first couple of offers you receive from an insurance company will likely be lowball settlements. If your attorney pressures you to accept one of these low offers without providing a reasonable explanation, it could be because he or she wants to get the case over with.
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.
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.
If your lawyer is continually sending you bills that include vague narrative descriptions or billing you for tasks that weren’t actually performed, it may be a sign you hired the wrong workers’ compensation attorney. Similarly, if your attorney is unable or unwilling to explain their billing practices, it’s probably time to look for a new attorney.
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 ).
If your lawyer is unwilling to file other claims or to explain why other claims can’t be filed, consider seeking legal counsel from another firm.
Most workers’ compensation claims are settled out of court by negotiating with the insurance company. Settling your claim saves you the time and expenses associated with a trial.
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.
If that doesn't work, you may substitute a new attorney. But don't fire don't fire the current lawyer until you've found a new replacement and taken the steps for switching workers' comp lawyers.
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.
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.
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 ...
If you’re getting radio silence from your lawyer, call the assistant or paralegal and try to set up a meeting. Offer a few dates and times that you’re available to meet with your lawyer, in person or over the phone, and call back to follow up. If this is unsuccessful, you might try asking when your lawyer is usually in the office and then show up in person.
If your case is in a holding pattern, your lawyer should let you know and explain why. If you’ve made multiple efforts to contact your lawyer and have received no response, you may have a real problem on your hands. Your lawyer has an ethical duty to keep you reasonably informed about important matters in your case.
If you’re getting radio silence from your lawyer, call the assistant or paralegal and try to set up a meeting.
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.
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.
That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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.
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.
Really, the only way to be sure is to get the fee negotiated right up front for what you want done . If you are selling/buying a business, assets, shares, etc. agree to a percentage of the total cost you are comfortable with (not too much now If your lawyer won’t play ball on that then you need to find one who will.
In many jurisdictions there is a method in place to “tax” a lawyer’s bill. The client submits to a taxation officer who then reviews the lawyer’s bill. It is a common occurrence that the bill is then reduced. That is the best method to proceed but you will likely not get that lawyer to do any work for you in the future.
Insurance companies are probably the biggest purchasers of legal services and they have been using Legal Billing Guidelines for years. Large companies also use Legal Billing Guidelines. They use them because they work.
Regarding the comment about lawyer’s sticking together, while that might always not be true, it is certainly true with settlement proceeds, sale proceeds, etc. No lawyer will ever agree to have the settlement proceeds paid directly to the client because then they might not get paid. And, as a courtesy most lawyers will pay the settlement proceeds to the plaintiff’s lawyer in trust. That is a battle you will never win.
And yes, lawyers still make piles of money, true. The real problem you face is that someone out there will be willing to pay your lawyer the amount of money he/she wants to be paid to do the same work you need. If you are not willing to pay the lawyer will just move on to someone who is so it’s a no win for you if you want an ongoing relationship.
Every company that purchases legal services should have Legal Billing Guidelines that outlines how the company can be charged, and this suggestion applies even more so to companies that hire big law firms.
I agree, at least in part, with all that is said. One critical thing to remember is that “overcharging” is a “state of mind” … let me elaborate … it depends on what you want, the value of that item to you, and how it is delivered. Often, because the work-product is a written document, people don’t put the same value to it as a gadget they can touch and feel.
An adept workers’ compensation attorney will evaluate any proposed settlement objectively and make any appropriate recommendations before you sign or agree to anything.
For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of work place injury claims .
If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.
If your doctor still feels you can do what is being asked of you, and then return to work and document any pain, discomfort, uneasiness, or other symptoms that arise so you can follow up with your doctor and make any revisions to your duties as necessary.
Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.
Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.
Mistake 1: Failing to Act Immediately at the Time of the Accident. At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm.
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.
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 ...
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.
Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.
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.
Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.