Can You Fire Your Workers’ Comp Attorney?

Filing a workers’ compensation claim after being injured on the job can be a stressful, complicated experience.

However, you can fire your workers’ comp lawyer at any time if they do not provide the service you expect. You do not have to continue using a lawyer providing unsatisfactory representation. It is crucial, however, to explore all considerations before firing your workers’ comp attorney.

When Should You Fire Your Workers’ Comp Attorney?

Many workers’ compensation claims are quick and easy. A lawyer is generally not necessary when all parties agree. However, an experienced attorney is indispensible when your injury falls into question. You may also need someone experienced in workers’ comp law when long-term care expenses get disputed.

Several reasons to hire representation may include:

• The insurance company is being uncooperative.

• You have a pre-existing medical condition.

• Your employer has rejected or denied the claim.

• You are currently receiving government benefits.

• You need legal representation for a workers’ compensation hearing.

Firing your workers’ comp attorney is a serious move that can have its awkward moments. Still, it is better to move on if you do not feel they have your best interests in mind.

The following are examples of common reasons that you may elect to fire your attorney:

Lack of Communication

There should always be free-flowing communication between you and your attorney. A lawyer who will not return your calls or fails to answer questions promptly cannot represent you properly.

Lack of Workers’ Compensation Law Knowledge

Workers’ compensation is a legal specialty that requires a unique set of skills and experience. A lawyer who cannot smoothly navigate the complicated process will be unable to get you the best possible settlement.

Lack of Progress

Cases involving workers’ compensation claims take time and can get bogged down by paperwork and delays. Even in the most complex cases, your attorney should be able to provide you with status updates to monitor your claim’s progress.

Keep in mind that while lack of progress over time is a valid reason for firing your attorney, the legal system can be slow. Switching lawyers in the middle of a case may cause further delays.

Your Case Is Taking Too Long

Law offices are busy places, and lawyers take on heavy caseloads. If the case takes longer than a few weeks to a month to settle, your attorney may not have made you a priority. If your case does not progress as quickly as it should, you are within your rights to fire your workers’ comp attorney.

Steps to Take Before Firing Your Workers’ Comp Attorney

Firing your attorney in the middle of a claim can be risky. Missed deadlines or procedural steps will impact your ability to get the largest possible settlement or the best deal. Following these steps before firing your attorney will ensure proper representation throughout.

Find a New Workers’ Comp Attorney

It is important not to fire your current attorney until you have found a suitable replacement for your case. Choose candidates carefully and be prepared when you meet with a new attorney for a consultation, which is typically free.

Negotiate a Fee Agreement

Fee agreements describe who pays for out-of-pocket costs. When negotiating with your new lawyer, the contract must stipulate they pay the fired attorney from the contingency fee.

Request Your Case File

After retaining your new attorney, their first task is to contact your previous lawyer. A confirmation email or letter will verify the request and provide a written record.

How Do I Fire My Workers’ Comp Attorney?

Ending a relationship with your workers’ comp attorney can be unpleasant. Nonetheless, you need to do what is in your best interests to receive the fairest settlement for your case.

Once you have a new lawyer, your case file will need forwarding to your new attorney. You may need to sign a release for this action to happen.

Firing Your Workers’ Comp Attorney

A lawyer not actively pursuing your case or lacking experience cannot secure the outcome you deserve. You can fire your workers’ comp attorney and find one that is a better fit.

Submit a request online or call us today at (866) 345-6784 to talk to a local attorney!