Friday, March 4, 2011

Failure to Timely File in Workers’ Compensation Can Be Malpractice

Lawyers have a duty to represent their clients competently no matter what type of case it is. A lawyer’s failure to do so can result in a legal malpractice claim against him or her. For example, even a case that seems straightforward, like a workers’ compensation injury, can quickly go awry if the lawyer makes a costly error.

A client is injured at work and seeks medical treatment in addition to advice from a lawyer. The lawyer works with the client to get her weekly checks started and her medical bills covered. Once the client has completed her medical treatment, and the doctor has determined that she has reached maximum medical improvement, the lawyer has a duty to get the information from the doctor and file certain paperwork with the workers’ compensation commissioner in a timely manner to ensure that the client receives all of the benefits she is due. Failure to do so could bar the client from part of her recovery.

Something as simple as a failure to follow-up on a medical record or file a form can cost a client greatly. If your lawyer screwed up your workers’ compensation case call our office today to discuss your options.