why would a lawyer hold back information in a workman's comp case

by Linda Flatley 6 min read

Depending on your state, workers' comp cases can also move quite slowly. So it may be that there hasn't been much activity to report. However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern.

Full Answer

What can a lawyer do for a Workers Comp case?

What an Attorney Will Do for You There will be court proceedings before your case is heard by a workers comp judge. 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 are the biggest complaints about workers’ comp lawyers?

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 the attention it needs.

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).

Why do workers’ compensation cases take so long to settle?

In theory, the workers’ compensation system is designed to streamline the process for workers to get compensated for their injuries. However, in practice, a common complaint among injured workers is that their workers’ comp cases seem to drag on forever.

What is adjudication of claim workers compensation?

Adjudication is the legal process of resolving a dispute of any outstanding issue(s) from a Workers' Compensation claim which may be presented to an Administrative Law Judge.

What is the biggest workers comp settlement?

To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.

How long does it take to get a proposed decision in a workers comp case in NY State?

Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer's insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers' Compensation Board's decision.

How long does Qme take to settle?

HOW LONG DOES IT TAKE TO SETTLE A QME WORKERS COMPENSATION CASE? It takes 30 to 60 calendar days to close a qme worker's comp case. The state board must first approve your QME workers' compensation before the insurance company begins the process of paying your claim.

What is a Compromise and release settlement?

A Compromise and Release Agreement is a settlement which usually permanently closes all aspects of a workers' compensation claim except for vocational rehabilitation benefits, including any provision for future medical care. The Compromise and Release is paid in one lump sum to you.

What is a foot injury worth?

Out of a total of 701 awards, the average foot injury was shown to be worth $10,871.

How long can a compensation claim take?

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

How long can a workers comp claim stay open in NY?

Two yearsSpecifically the rules offered by the New York State Workers' Compensation Board state: Two years from the date of the disabled worker's disability; or. Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment.

What is the first step in the process of appealing workers compensation decision?

The first step of any appeal begins with filing a Claim Petition with the Bureau of Worker's Compensation. The case will then be deliberated upon by a Worker's compensation Judge. When appealing a denial, you must face a challenging procedural, substantive law and evidentiary issues.

Is a Qme a final?

A QME is often requested by a workers' compensation adjuster to create a final, expert medical report on your injury or illness.

What comes after QME report?

What Happens Once the QME Report is Completed? The QME should send copies of the report to you, your attorney, the claims administrator, and the Division of Workers' Compensation Disability Evaluation Unit (DEU). The DEU should issue a rating of your injury within 20 days.

Does surgery increase workers comp settlement in California?

Yes, if you are settling your workers' comp claim for a lump sum and still need surgery, the settlement amount should reflect the costs of that upcoming procedure. This should increase your workers' comp settlement amount.

When You Can Probably Represent Yourself

As a general rule, you may be able to get by without an attorney if all of the following statements are true: 1. You suffered a minor workplace inj...

What Your Attorney Will Do For You

In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence ne...

Tilting The Scales in Your Favor

The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...

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.

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 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.

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.

How long does a workers comp claim last?

By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.

How long does it take to settle a workers compensation case?

A 2015 survey of workers compensation clients by the law firm Martindale-Nolo indicated the average case took more than 15 months to resolve. Cases involving permanent disabilities, or negotiated settlements, or clients represented by lawyers — boat-rockers all, it would seem — stretched out an additional two to three months.

What Should I Ask a Prospective Attorney?

Workers compensation cases are unlike third-party liability lawsuits in which the endgame is clear: The plaintiff will win, or be denied, a pot of money. It’s the rare liability claim that extends beyond a handful of years.

How Long Will My Case Take?

As mentioned above, the length of time a workers comp case can last depends on the unique circumstances of each claim. Some last for decades, long enough to follow the client to the grave. Some sail smoothly to conclusions in mere months.

What is the purpose of workers comp?

Ideally under workers comp, the injured employee receives the care (s)he needs to become healthy and productive once more, as well as tax-free wages to pay the bills; the employer gets a healthy worker and avoids costly litigation.

Does Raaymakers understand the impulse of sick or injured workers not wanting to “rock the boat”?

That acknowledged, Raaymakers understands the impulse of sick or injured workers not wanting to “rock the boat.”

Can you appeal workers compensation if you are permanently disabled?

You are permanently disabled, either totally or in part, and the insurer resists your rating. Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal.

What is a workers comp attorney?

A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.

What to do if your employer has fired you?

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.

What to do if you can't agree on a settlement?

If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.

Can you get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.

How to resolve workers comp?

Most workers’ comp cases are resolved through settlements. It usually makes sense for you and the insurance company to meet in the middle and avoid the time and expense of a hearing with a workers’ comp judge. There’s usually no reason to begin settlement discussions before you’ve reached MMI. At some point after that, however, your lawyer should begin working on your behalf to negotiate a settlement. Even if the insurance company is only willing to make lowball settlement offers, your lawyer should inform you about those offers before rejecting them.

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.

Why does workers comp take longer to appeal?

The longer time frame makes sense because a workers’ compensation appeal takes additional time and effort. Once the worker files the appeal, the case is assigned to a workers’ compensation judge and set for a hearing.

Why are workers comp cases delayed?

This may have been because of a lack of communication on the lawyer’s part—for example, the case might have been progressing as it should, but the lawyer didn’t keep the worker informed about what was going on. The delay may also have been because the lawyer was juggling too many cases; because attorneys’ fees are capped in most states, workers’ comp lawyers tend to carry heavier caseloads than other attorneys.

Why do insurance companies stall workers compensation?

While some of these actions may be part of a legitimate defense of a claim, insurance companies may also use delay tactics to frustrate workers into giving up or settling for a low amount to avoid the hassle.

Why is there a delay in workers compensation?

According to 34% of our readers, the number one cause of delay was due to the employer or its insurance company not moving fast enough.

What is workers comp?

In theory, the workers’ compensation system is designed to streamline the process for workers to get compensated for their injuries. However, in practice, a common complaint among injured workers is that their workers’ comp cases seem to drag on forever. To find out current time estimates and what factors seem to play a role, we surveyed our readers about their experiences.

How many people believe there is a delay in workers compensation?

The overwhelming majority of readers, 90% , believed that there was a delay in their workers’ compensation cases. We asked our readers to report what they believed to be a source of delay in their cases.

How long does it take to resolve a PD claim?

When the insurance company did not dispute the worker’s PD rating, the case was resolved in 14.4 months. However, when the insurance company did dispute the worker’s PD rating, the case took 18.7 months. The increased time frame makes sense given the extra effort that goes into a disability rating dispute.

What does a workers compensation attorney do?

An adept workers’ compensation attorney will evaluate any proposed settlement objectively and make any appropriate recommendations before you sign or agree to anything.

What is the best way to settle a workers compensation claim?

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 .

What does "malingerer" mean in workers comp?

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.

What to do if you don't feel you can perform the duties being asked of you?

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.

What are the mistakes in a medical malpractice case?

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.

How can a claim be diminished?

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.

What is the mistake of a worker?

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.

Do attorneys have to communicate with you?

Answer: Your attorney has a legal and ethical obligation to communicate with you and keep you informed about your case. That being said, attorneys are typically very busy, often juggling several cases at a time. Depending on your state, workers' comp cases can also move quite slowly.

Should a lawyer keep you informed?

However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern. You might ask to speak with any legal assistants and paralegals working in your lawyer's office; they may be able to give you information about the status of your case.

Do you bring a copy of your workers comp?

Be sure to bring a copy of your workers' comp file to any meetings that you set up with other lawyers. As for a malpractice suit, it's probably not worth the time and effort unless your lawyer made a big mistake, like missing a filing deadline.

Can you lose money in a workers comp case?

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.

What happens if you settle for a lump sum?

Settling for a lump sum means you lose your rights to any future benefits, which can be detrimental if your doctor decides you need an expensive prescription drug or major surgery as part of the recovery process. If you settle for a lump sum, you won’t be able to get more from the insurance company to help pay for these treatments.

Can you renegotiate a medical claim?

Many injured workers like having the option to renegotiate in the future if they feel they settled for a lower amount than what they needed to cover medical expenses. While it’s possible to do this, you run the risk of your case going to trial and lowering the amount originally agreed upon. A judge may feel that you’re receiving too much and decrease what the insurance company owes you.

Can you change the lump sum of an insurance claim?

If you’re still collecting the agreed-upon figure, you and your attorney have the option to open negoti ations again with the insurance company to change the original lump sum or edit the payment plan. However, ending the negotiations tends to be appealing.

Can you get a lump sum if you have an injured worker?

If you need a lump sum sooner rather than later to help pay for medical expenses, injured workers have the option to settle for a 1-time check. However, if you’d prefer to receive a series of smaller payments for a stipulated number of weeks, this can be negotiated with the insurance company as part of the settlement.