If you’re unhappy with the way your workers’ comp case is going, you may feel inclined to blame your lawyer. But the workers’ compensation system is often a slow and frustrating process.
So how can you tell whether the problems in your case are unavoidable or whether your lawyer has dropped the ball? Read on for how to recognize the difference.
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 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.
Your Lawyer Misses Important Deadlines
Workers’ comp cases involve strict deadlines for filing claims, submitting medical records, and responding to insurance company requests. If your lawyer fails to meet these deadlines, it could delay your case, reduce your benefits, or even result in a denied claim.
A missed deadline can be a sign of poor organization or inattention to your case, which could seriously harm your chances of getting the compensation you deserve.
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.
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). But it could also mean that your lawyer has missed a deadline, failed to respond to a request by the insurance company, or otherwise mismanaged your case.
Your Lawyer Doesn’t Know the Specifics of Your Workers’ Comp Case
You should expect your lawyer to be familiar with you and the facts your case. Naturally, if you call the office out of the blue, it may take a few minutes to pull up your file and refresh the attorney’s memory. 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.
Your Lawyer Isn’t Trying to Negotiate a Settlement
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.
Your Lawyer Doesn’t Prepare You for Key Events in Your Workers’ Comp Case
Part of a lawyer’s job is to explain the workers’ compensation process and coach you for your role in the case. This means spending at least some time to help you prepare for critical proceedings such as an independent medical examination, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.
Your Lawyer is Pressuring You to Accept a Low Settlement
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. But an attorney who rushes you into a bad deal may not be looking out for your best interests.
How to Find a Good Workers' Comp Attorney
If you’re facing any of these serious problems, you should try to discuss your concerns with your lawyer. If that doesn’t work, however, it may be time to consider switching workers’ comp attorneys.
When you're selecting a new lawyer, consider that a good workers' comp attorney should:
- take the time to understand your case and give you a realistic evaluation of the possible outcomes, the benefits you're entitled to receive, and how long it might take to reach a settlement or hearing
- let you know when you need to participate in the process actively and walk you through the process, and
- respond to your calls or emails within a reasonable time.
Treat your initial call with a potential attorney like it's a job interview—and you're the one doing the hiring. Come prepared with a list of questions to ask. For example, you can ask about the lawyer's workers' comp experience, how often you'll hear from the attorney as your case progresses, and what your attorney is actually going to do to improve your chances of winning.
Ultimately, if you don't get the sense that the attorney is experienced, trustworthy, and communicative, look elsewhere. With a little patience, you'll eventually find the right workers' comp attorney for you.