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In Columbus, Ohio, injured workers are entitled to compensation for the physical harm and losses they've sustained while on the job. However, this process can be complex.
Employees involved in a workplace accident can be remunerated for their medical expenses and lost wages through the workers' compensation system. This requires reporting the incident to their employer and opening a claim with the Ohio Bureau of Workers' Compensation (BWC).
Due to the complexity of the process, many injured employees decide to seek legal representation from an experienced lawyer. Professional attorneys have the experience required to help them recover the workers' compensation benefits they deserve.
But what happens if a workers' compensation attorney unexpectedly quits? This scenario can be quite overwhelming for injured employees who are already dealing with huge medical bills, lost income, and other damages.
Fortunately, people who have been injured in a workplace accident can continue pursuing financial benefits through a workers' compensation claim even if their lawyer quits. This guide contains more information about their rights and the legal options available in these cases.
Why a Workers' Comp Attorney May Quit
An attorney may quit and withdraw from a workers' compensation case for multiple reasons. These are the most common scenarios:
Conflicts of Interest
Some attorneys discover a conflict of interest compromises their ability to advocate effectively for the injured worker. This often arises when the lawyer has a prior relationship with the employer's insurance company or another party involved in the case.
Caseload Overload
Workers' comp lawyers often handle a large volume of cases. If their caseload becomes unmanageable, attorneys may need to prioritize certain claims over others, which means they must withdraw from some.
Strategic Disagreements
Sometimes, the attorney and the injured worker have different approaches to pursuing the workers' comp claim. This can create tension between both parties and hinder progress, leading to lawyers' withdrawal from such cases.
Personal Reasons
Like anyone else, attorneys may experience personal issues that require them to step back from certain commitments, including workers' compensation cases. Some example scenarios may include illnesses, family emergencies, or other unexpected events.
Insurance Complications
Attorneys can quit if they find that the case isn't progressing because insurance-related obstacles affect claimants' ability to recover compensation.
For example, if there's a complex dispute between the workers' compensation insurer and another health insurance provider, the case can become legally intricate and time-consuming. This can lead to increased costs and potential conflicts, which may result in the attorney's withdrawal.
The same is true if there's a potential overlap between workers' compensation and unemployment benefits since most employees cannot recover both.
Regardless of the reason, ethical and professional standards mandate that the workers' comp attorney inform the injured worker promptly about their decision to withdraw from the case, provide a clear explanation, and offer guidance on how to proceed. In the event a new attorney is needed, hire an attorney at Larrimer & Larrimer to help.
What Happens When a Workers' Compensation Attorney Withdraws from a Case?
A workers' compensation attorney's withdrawal from a case can potentially affect the outcome. The immediate impact may be a delay in proceedings, as lawyers often handle various aspects of a claim, including communication with the employer's insurance company and the collection of medical records or other forms of evidence.
However, an attorney's withdrawal doesn't mean that a workers' comp claim should be dropped. Injured employees can still pursue the benefits they're entitled to, which may include:
Medical benefits
Wage replacement benefits
Partial or permanent disability benefits
In Ohio, employers are legally required to carry workers' compensation insurance. Therefore, injured employees' right to pursue such benefits remains intact under the state's law even if their attorneys quit.
When a lawyer withdraws from a workers' comp case, claimants can find a new one. This process can be challenging. However, injured employees can always seek legal counsel from another law firm or professional. They can also assist with the consequences of missing a workers comp deposition.
Furthermore, a workers' compensation lawyer who plans to drop a case must inform their clients of this decision. Otherwise, they could face legal consequences.
Finding a New, Experienced Workers' Compensation Attorney
In this challenging situation, one of the most critical steps injured employees can take is to find a new workers' compensation attorney as quickly as possible.
An experienced lawyer can step in, take over the workers' compensation case, and ensure that injured employees' rights and interests are protected.
When selecting a new attorney, it's important to consider several aspects, including the following:
Their experience with workers' compensation claims
Their track record of success
Their communication style
An ideal attorney will have a comprehensive understanding of Ohio workers' compensation law, a proven history of achieving favorable outcomes for injured employees, and a commitment to keeping clients informed and involved throughout the process.
This lawyer should also be a skilled negotiator capable of effectively communicating with the employer's insurance company. Additionally, they must be willing to answer injured employees' questions and provide all the information they may need along the way.
Navigating the Interim Period of a Workers' Compensation Case
While searching for a new workers' comp lawyer, injured employees should remain proactive in their case. They should continue gathering all relevant medical records, documenting any ongoing medical treatment, and maintaining open communication with their employer's insurance company.
These steps are essential for a successful workers' compensation claim and help ensure injured employees continue to receive the benefits they deserve.
In other words, meticulous record-keeping can significantly strengthen these cases and protect injured workers' rights.
Final Thoughts: Does an Injured Worker Need an Attorney in Columbus, Ohio?
Like other states, Ohio has a complex workers' compensation system that can be challenging to navigate without legal representation. As mentioned, workplace accident victims need to understand their rights, maintain ongoing communication with their employers, and complete several steps to obtain the financial and medical benefits they're entitled to.
This process can be really overwhelming, especially for people who have been injured, lost their earning capacity, or suffered a disability. Therefore, injured employees should seek legal counsel from workers' compensation attorneys.
Whether employees need guidance to file an insurance claim or legal representation to sue the at-fault party, a workers' comp lawyer can help them fight for their rights, maximize their benefits, and achieve the best possible outcome for their cases.
If their attorney quits, injured workers should remember that they aren't alone. Although this can be difficult, especially if the case is at an advanced stage, employees who have been harmed while on the job can find a new lawyer and continue pursuing compensation for their damages.
Larrimer & Larrimer can provide the guidance and support injured employees need in this scenario. Those looking for an experienced workers' compensation attorney to determine the best course of action for their cases can schedule a free consultation with our team.
Call us today and let us help you recover your deserved workers' comp benefits!
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