works comp lawyer not being helpful what can i do?

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

Do I need a lawyer for my Workers Comp case?

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

Should you switch 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.

What should I look for in a workers'comp lawyer?

Make certain you save a copy of every form. Start a journal. Make notes of your discussions with supervisors, coworkers, and human resources personnel. Write down (or use a voice-recorder app on your smart phone to capture) your recollection of what led up to the accident, how it happened, and the aftermath.

Why is workers comp so hard to deal with?

What is the maximum workers compensation in California?

What is an attorney called?

How much is the average workers comp settlement in California?

Does surgery increase workers comp settlement in California?

Is an attorney higher than a lawyer?

Are all attorneys Esquires?

What is the difference between a lawyer and an advocate?

What to do if your workers comp lawyer doesn't work?

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.

What happens if your workers comp lawyer doesn't respond 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 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.

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 to do if your lawyer is silenced?

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.

What to do if your case is in a holding pattern?

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.

What to do if you get radio silence from your lawyer?

If you’re getting radio silence from your lawyer, call the assistant or paralegal and try to set up a meeting.

How to get a lawyer rating?

Do your research. Avvo.com, the attorney-rating website, is a good place to start. Pay attention to both peers’ and clients’ reviews. Gather a handful of names and begin making calls. Set up interviews. If at all possible, meet face-to-face. Learn about their communications styles and preferences — Are they compatible with your own? — and how accessible they are. What if something happens on the weekend? Will you have to wait until Monday to talk it over?

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.

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 does work related medical issues mean?

Your work-related medical issues prevent you from returning to your prior job, or limit what you can do at work.

Do you have to approve a workers comp settlement?

Know this going in, however: The fee you negotiate must be approved by a workers comp judge before a settlement is reached. No other area of law has that safeguard, Pitts notes.

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 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.

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.

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.

1. Unclear billing

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.

2. Poor communication

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.

3. No settlement is being negotiated

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.

4. The lawyer is pressuring you to settle

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.

6. The lawyer asked you to change your claim

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.

7. The lawyer is dishonest

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.

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.

What does it mean when a lawyer sends you bills?

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.

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 to do if your lawyer is unwilling to file another claim?

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.

How is workers compensation settled?

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.

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.

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.

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.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Why does an adjuster not contact the injured employee?

When the adjuster does not contact the injured employee timely, or does not respond to a settlement demand from the employee's attorney, it is normally because the adjuster has more to do than is possible to get done.

What is the purpose of advising an employee not to hire an attorney?

Advising the employee not to hire an attorney. Threatening to reduce the settlement of the claim if the employee hires an attorney. Discussing any aspect of the claim with an employee known to be represented by an attorney. Settling the claim before the extent of disability is known.

What is a workers compensation adjuster?

The workers compensation adjuster, who is often dealing with attorneys out to maximize the cost of the workers comp claim, or with employee claimants who are attempting to commit fraud, maybe tempted to fight fire with fire. The adjuster should always handle the claim in a totally ethical manner. If an adjuster is doing any of the following, stop everything and discuss the adjuster's actions with the adjuster. [WCx]

What is the meaning of "paying less than workers comp"?

Paying less than the workers comp statute calls for when settling a permanent partial disability. Offering to settle and close out future benefits for an amount significantly less than what the adjuster knows to be fair. Advising the employee not to hire an attorney.

Why do self insured employers get into trouble?

Self-insured employers often get into trouble for not being knowledgeable of the requirements of the Unfair Claims Practice Act in the state (s) where it is being self-administered for workers compensation claims. The failure to act in a totally ethical manner can lead to litigation by the party wronged and to fines and/or the suspension ...

Is there an ethical reason for an adjuster's actions?

Often there is an ethical and valid reason for the adjuster's action which will become apparent when you learn more about the reason for the adjuster‘s actions. Only when the adjuster sets out to act dishonestly should you be greatly concerned.

Is an adjuster honest?

Almost all adjusters are honest and have the best interest of both the employee and the employer at heart. If you do notice any of the above 22 issues occurring, stop and discuss the issue with the adjuster.

What is a good workers comp lawyer?

A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?

What to do if your attorney isn't working on your case?

If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled. Make it clear at your next meeting that you expect better communication. Your attorney should listen to your concerns and take steps to improve communication in the future.

What happens if your attorney isn't keeping you updated on your case?

If your attorney isn't keeping you updated on the status of your case, you may have cause for concern. Keep in mind, however, that legal assistants and paralegals can be valuable sources of information about the workers' comp process in general and your case in particular.

How long does it take to get workers comp records?

Nothing happens quickly in a workers' compensation case. A simple request for medical records can easily take four to six weeks, and it could take many more months for you to be scheduled for an independent medical examination. 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. In fact, there's a better chance that switching lawyers will postpone matters even further, especially if your workers' comp hearing is approaching.

What to do if you are not confident in your lawyer?

If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you.

How much do attorneys charge for workers compensation?

State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to 20% of the benefits. When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed.

Do attorneys specialize in workers comp?

Attorneys who don't specialize in workers' comp tend not to understand the nuances of this complex field of law. If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you. Ask for references from former clients or other attorneys if you have any doubt.