What can I do if worker's compensation won't communicate with my attorney? 18 Answers as of January 06, 2012

This is classic employer/insurer abusive behavior. Your lawyer should be fighting this. If he/she won't or doesn't know how to fight it, maybe you need a different lawyer. Many lawyers do not know how to handle a Workers Compensation case but won't admit it. You need to talk to your lawyer and try to get this issue addressed. If you are still not satisfied you have the right to fire the first lawyer and hire another.

I really can't comment. You have a lawyer. If you are dissatisfied with your attorney then hire a new one.

You should continue to communicate with your lawyer. Sometimes dealing with an administrative agency or other organization can seem nearly futile, but the end results are usually better when you have an attorney on your side.

I cannot give you advice as you are represented by an attorney. I can give you general information regarding workers compensation law. When you are hurt, you are entitled to temporary benefits , including payment for medical treatment and payment of 2/3 of your average weekly wage (comp rate) while you are out of work because of restrictions placed on you by the doctor. You do not say whether your under payment is because they have assigned too low a comp rate, or because they have not paid you for all of the weeks you have been out. If you are being denied temporary benefits, you can request a hearing and ask the worker's compensation commission to order that they pay the correct comp rate, or pay you for all of the weeks you have been out. If you are denied medical treatment, then you can request a hearing to ask the commission to order medical treatment. Refusing to authorize a second opinion would probably not be considered a denial of treatment. If you do not like the opinion of the doctor they choose, your only option may be to pay for a second opinion yourself (if you have health insurance, you could probably put it on your health insurance). Normally, if there is an issue of underpayment of temporary benefits, or denial of medical treatment, it is best to try to work it out with the adjuster before asking for a hearing. You should discuss these issues with the attorney, and listen to what the attorney says. It is possible, for example, that they have paid the correct benefits, but t heat the just took too long to pay. It may be that the adjuster is looking into the issue. Surprisingly, it is difficult to get the issues you describe straightened out in three months.

You have a lawyer to file a lawsuit on your behalf and seek penalties and attorney's fees, in addition to the benefits you are entitled to, if the matter can't be settled before it goes to trial. No lawyer can force the insurance carrier to increase the amount of your checks or pay for medical treatment that they refuse to pay for, until and unless he/she wins at trial and the judge orders the insurer to do so.

If you are already represented by an attorney (as indicated in your question), then you need to confer with your attorney and express your concerns. If you are dissatisfied with your lawyer, then there are many attorneys that handle work comp matters with whom may may wish to consult.

If the workers compensation insurance company will not communicate with your lawyer, the lawyer may still request a ruling from the State Board of Workers Compensation. A judge has the power to correct your compensation weekly rate. A judge has the power to order payment of back compensation benefits. A judge does not have to depend on communication from the workers compensation insurance company in order to do the right thing in your case. But it is your attorneys job to properly bring these matters to the attention of the State Board of Workers Compensation and their judges. You do have the right to change your representative if you believe you are not being properly represented.

If you are dissatisfied with the work your lawyer is performing on your behalf, you should seek the advice of new counsel. However, some things are out of the lawyer's control. Settlements and benefits in worker's compensation cases are set by law, so there is often very little that can be done to change the outcome. A good lawyer may be able to help you argue a higher disability rating which would get you a higher settlement. Also the calculations of your weekly pay may be incorrect and your lawyer may be able to recalculate the proper pay for you. However, you must realize that worker's compensation laws were a compromise between employers and employees. You are not going to get the full benefit as if you had never been injured. But you will get something to help and you get your reasonable and necessary medical treatment paid for which is better than the situation prior to the enactment of these laws.

Your attorney and/or you should contact your State's worker's Compensation Agency for possible assistance.

Generally, as to your actual question ("What can I do if worker's compensation won't communicate with my attorney?") if a workers' compensation insurance company will not communicate with an attorney, the attorney can file suit against the employer (you sue the employer, not the insurance company). The insurance company will then hire an attorney to defend the lawsuit. Your attorney can than communicate with the employer's attorney. Once suit is filed your attorney can get a lot of the information he/she needs for your case. if there is still a dispute about some aspect of your case, then ultimately the case will go to trial and a judge will decide what you are entitled to. With regard to the question posed in the "Question Detail" asking "how do you think I'll get" I cannot answer your questions without a lot more information. I would need to review your medical records and determine what your medical providers (doctors) have said about your injuries. In addition, I would need to know your wage history and what monies, if any, the workers compensation insurance company has paid. I would also want to know the basis, if any, of the denial of some of the items you list. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.