Changing Lawyers During Your Workers’ Compensation Case
Navigating a workers’ compensation claim can feel stressful, especially if you’re coping with a work injury in Philadelphia. Most people trust that their lawyer will handle their case with care and skill. But what happens if you start to feel uneasy about your workers’ compensation lawyer’s service? You might wonder if you can switch lawyers during your case, how the process works, and what it means for your benefits. This article dives deep into your rights, the process, and what you should expect if you decide to change your work injury lawyer in Philadelphia.
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Why Workers Change Lawyers in a Workers’ Compensation Case
There are many reasons someone might want to change lawyers during a workers’ compensation claim. Sometimes, people feel their lawyer isn’t communicating or returning calls. Others feel their case is not moving forward, or that the lawyer doesn’t fully understand Pennsylvania workers’ compensation laws. Some clients feel rushed, pressured to settle, or ignored when they raise concerns.
Switching to a different Philadelphia workers compensation attorney can be a smart decision when you feel your legal team isn’t fighting for your best interests. Maybe you need an attorney with more experience in complex injuries, or one that treats you with respect and keeps you informed. You have the right to expect clear answers, honest case updates, and a lawyer who cares about your medical recovery and financial needs.
Remember, your physical and financial health may depend on the outcome. You don’t have to stay with a lawyer that makes you uncomfortable or doesn’t explain things. When it comes to your workers’ compensation benefits, you deserve someone who will stand up for you.
Can You Legally Change Lawyers During a Workers’ Comp Case?
Pennsylvania law gives you the right to change lawyers at any time during your workers’ compensation claim. You don’t need to give a reason. Even if your claim has already started, or you’re in the middle of hearings, you can choose a new representative you trust. Judges and insurance companies see this happen often.
Changing your workers’ compensation lawyer does not hurt your claim or slow it down if handled correctly. When you hire a new lawyer, they will notify the court and your old lawyer. Your case files, medical records, and important documents will transfer to your new attorney. Your former lawyer may be entitled to a share of the legal fee, but this does not increase the percentage you pay—your fee stays the same, usually capped at 20% of your recovery.
If you’re unsure about your current representation, speak with a trusted Philly work injury lawyer for a confidential review. Switching lawyers can help you get the advice and action you need without risking your benefits.
How to Switch Lawyers in a Philadelphia Workers’ Compensation Case
Making the switch is straightforward. First, meet with your new attorney for a free consultation. A good work injury lawyer will review your situation and explain your rights. If you choose to hire them, they’ll prepare paperwork called a “substitution of counsel.” You’ll sign a form stating you want your new lawyer to take over your case.
Next, your new lawyer will reach out to your old lawyer to collect your case file. They’ll file a notice with the court and notify the workers’ compensation judge, insurance company, and employer. Your new lawyer will quickly get up to speed, review your claim, and identify any weak points or missing evidence.
You don’t need to handle any awkward conversations yourself. Your new attorney will contact your previous lawyer politely and professionally. If you feel worried about the transition, rest assured that this is a common process. Your claim does not start over, and all prior work carries forward.
What Happens to Your Case and Benefits After You Change Lawyers
Switching lawyers will not pause your medical benefits or wage loss checks if your case is already accepted or you have a court order. Your new workers’ compensation attorney will take action to protect your ongoing payments.
Your new attorney will review medical records, treatment plans, and any vocational reports. They may spot issues your former lawyer missed, like missing wage records, unpaid bills, or overlooked injuries. A fresh set of eyes can sometimes uncover new ways to increase your benefits, speed up your treatment, or fight a denied claim.
If your case is in court, your new lawyer will attend all hearings going forward. If a workers’ compensation judge needs to be notified, your lawyer will handle it. The new attorney may request a brief delay if extra time is needed to review the file, but courts understand and often grant these requests.
Most importantly, you don’t lose out on any benefits you deserve. Whether you’re fighting for a lump sum settlement, lifetime medical bills, or weekly checks, your new workplace injury attorney can often pick up the case without delay.
Tips for Finding the Right Work Injury Lawyer for Your Claim
Changing lawyers gives you a chance to find the right legal partner for your needs. When choosing a new workers’ compensation attorney, look for experience, strong communication, and a proven track record with work injury cases in Philadelphia.
Ask questions like:
- How many cases like mine have you handled?
- Will I work directly with you or only with staff?
- How will you keep me updated on my case?
- What are my chances for success and what challenges do you see?
- Are you familiar with Philadelphia judges and local insurance adjusters?
A good attorney listens to your goals, explains the process, and answers your questions clearly. They should give honest opinions about your case and offer a plan for moving forward. Don’t be shy about asking for references or reviews from other injured workers.
Remember, you deserve a Philadelphia personal injury lawyer who treats you as a partner, not just a case number. The right lawyer will put you in the best position to recover the benefits you need to heal and get back on your feet.
FAQs About Changing Lawyers During Your Workers’ Compensation Case
Will switching lawyers during my workers’ compensation case cost me more money?
No, switching lawyers does not increase the total fee you pay. The standard lawyer fee in Pennsylvania workers’ compensation cases is usually capped at 20 percent of your recovery. If two lawyers have worked on your case, they will split the fee, but you don’t pay more.
Can my old lawyer refuse to transfer my workers’ compensation case file?
No, your former lawyer must transfer your case file to your new attorney. Pennsylvania rules require lawyers to cooperate during the switch and send all relevant documents so your new attorney can move forward without delays.
Will changing lawyers delay my workers’ compensation benefits or court hearings?
A lawyer switch usually does not delay benefits or hearings. In some cases, your new lawyer may request a brief extension to review the file, but courts often grant reasonable requests. Your wage and medical benefits should continue without interruption.
What if I’m unhappy with my second lawyer, can I change again?
Yes, you can change lawyers more than once during your case if needed. Your rights to representation don’t expire after one switch. The most important thing is to have a lawyer you trust who will fight for your interests until your workers’ compensation claim is resolved.
Other Resources for Navigating the Legal Process
- Surveillance & Social Media in Workers’ Comp Cases
- Changing Lawyers During Your Workers’ Compensation Case
- The Role of Vocational Rehabilitation in Your Claim
- Independent Medical Exams: What to Expect
- How to Appeal a Denied Workers’ Comp Claim in PA
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