Can I Change My Workers’ Comp Lawyer in California? 2024

Workers’ compensation is an invaluable economic lifeline for anyone who has suffered an injury while working, but many people encounter unexpected problems with their claims. If you have hired a workers’ compensation lawyer to help you, but they have been ineffective, you may ask, “Can I change my workers’ comp lawyer in California?” The answer is that you can, and you need to know how to navigate this process to ensure you have proper legal counsel.

How to Change Your Workers’ Comp Lawyer

When you have hired an attorney to represent you in a workers’ compensation case, you have the reasonable expectation that they will know the laws and statutes that pertain to your case and will know how to obtain a fair settlement on your behalf. Unfortunately, some lawyers fail to uphold their professional duties to their clients or do not deliver the level of representation their clients expect.

Yes, you can change your workers’ comp lawyer if you are dissatisfied with their performance, but it is important to understand that you will need to comply with state guidelines to correctly fire your attorney and understand what this entails. First and foremost, choosing this path could mean your case will take longer to resolve. Your new attorney will need time to review the evidence in your case and familiarize themselves with your situation.

State law allows you to choose the best workers comp attorney who makes you feel the most comfortable, and it is possible that you feel as though you made a mistake with your first choice. Whether you believe the attorney is simply not a good fit at a personal level, they seem disinterested in helping you, or they have made glaring mistakes in their handling of your case, you have the right to fire them at any point in your workers’ compensation case.

What to Expect From a Good Workers’ Compensation Lawyer

When you hire a workers’ compensation lawyer in the California state, you have the right to expect them to provide compassionate, responsive, and results-driven legal representation through all stages of your case. They should provide you with multiple options for contacting them, offer an initial interpretation of your case, and estimate a timetable for how long they believe it will take for them to resolve your claim.

If any problems arise at any point during your claim filing process, your attorney should be able to provide swift and detailed responses. Once you receive an offer from an insurance carrier, you should be able to trust your attorney to verify that the offer is both fair and reasonable, and they can also help you explore any additional avenues of recovery that might be available to you.

If you are concerned about your current attorney in your workers’ compensation case, you have the right to fire them and look for new legal counsel. However, you must be certain that you are willing to accept a delay in the resolution of your claim. As long as you accept this drawback, a new attorney who inspires you with greater confidence can be a tremendous asset and assist you in reaching more positive results than you may have initially expected.

FAQs About Changing Workers’ Comp Lawyer in California

Why Should I Hire a Lawyer for a Workers’ Comp Claim?

You should hire a lawyer for a workers’ comp claim because filing this claim and securing the benefits you need is likely to be a more difficult process than you initially expected, especially if you do not have seasoned legal counsel advising you. Your attorney can help you file your claim correctly and resolve any disputes from your employer and/or their insurance carrier, and they will ensure you receive a fair determination of benefits.

How Long Does It Take to Resolve a Workers’ Comp Claim?

The time it takes to resolve a workers’ comp claim in the state is usually a matter of weeks, but some things can extend this timetable. If you have a good attorney helping you file your claim and the insurance company processes it in good faith, you should receive a settlement offer within a few weeks of filing. More complex or contested cases may take much longer to resolve, so it’s important to have a trustworthy attorney advising you.

What Is the 90-Day Rule for Workers’ Comp?

The 90-day rule for workers’ comp in the state pertains to the time an insurance carrier has to reply to your claim for workers’ compensation benefits. In most cases, if an insurance carrier fails to provide a response to your claim within 90 days, the claim is automatically considered accepted. If the insurance carrier needs more time to process your claim, it must send a notice stating this before the 90-day deadline.

How Much Can I Receive in Workers’ Compensation Benefits?

The amount you can receive in workers’ compensation benefits will depend on the overall severity of your injury, the degree to which you have been disabled by the injury, and how long you have been unable to work because of the injury. A successful claim generally yields full medical expense coverage along with disability benefits paid each week for as long as it takes for the claimant to resume work.

What Does It Cost to Hire a Workers’ Compensation Lawyer?

The cost of hiring a workers’ compensation lawyer in California depends on the total amount of benefits you secure. These attorneys work on contingency, meaning the attorney does not charge upfront fees for representation and instead takes a percentage of the total compensation they recover for their client. Every attorney has a different policy, and the percentage a client pays may vary based on the complexity of their case.

Contact Us

The Canlas Law Group can provide the legal counsel you need when another attorney has failed to produce acceptable results or is not a good match for you for any other reason. We have helped many past clients throughout the state navigate the workers’ compensation claim filing process successfully, and we are ready to put this experience to work in your case. Contact us today to schedule a free consultation with our team to learn how we can help.