After a workplace injury, communication with your lawyer can make all the difference in how confident you feel during your workers’ compensation case. But many injured employees wonder how often they should hear from their attorney and what to expect throughout the process. Regular updates are essential; they ensure you know what’s happening, what’s next, and that your case is moving in the right direction.
Understanding when and why your lawyer should contact you helps you stay informed and protected every step of the way.
How Often Should You Hear From Your Workers’ Comp Attorney?
There’s no set rule for how frequently a workers’ comp lawyer should reach out, but consistent updates are key. Under Rule 1.4 of the South Carolina Rules of Professional Conduct, attorneys must keep clients reasonably informed and respond promptly to requests for information.
Most reputable attorneys provide updates:
- After major filings or hearing requests
- When new evidence or medical documentation arrives
- Following contact with the insurance carrier
- When benefits or treatment status change
Even if progress slows, your lawyer should explain why and keep you informed of the next steps.
Key Times Your Attorney Should Contact You During the Case
Certain stages of a workers’ compensation claim require more active communication. You should receive updates when:
- Your claim is first filed: Your attorney should confirm that all documents were submitted to the South Carolina Workers’ Compensation Commission (SCWCC).
- The insurance company responds: You should know whether your employer’s insurer has accepted or denied your claim.
- You’re scheduled for medical evaluations or independent exams: These are critical points that can influence your benefits.
- Negotiations or hearings are approaching: Your lawyer should prepare you for what to expect and what documents or testimony may be needed.
- A settlement offer is made: You must be informed immediately and guided through the evaluation of any proposed settlement.
When You Should Reach Out to Your Workers’ Comp Attorney
Contact your lawyer if:
- Your medical condition or work restrictions have changed.
- You’re released to return to work, but still experience pain.
- You miss a check or receive confusing paperwork.
- You’re contacted directly by an adjuster.
Keeping your attorney informed allows them to act quickly to protect your benefits and deadlines.
Common Reasons for Communication Between You and Your Lawyer
A good attorney doesn’t just handle legal paperwork; they keep you informed about every important part of your case. Typical communication topics include:
- Status updates on claim filings and responses.
- Medical progress reports and how they affect your benefits.
- Evidence collection, such as witness statements or job reports.
- Settlement discussions or mediation updates.
- Preparation for hearings or depositions before the SCWCC.
Sometimes there may be quiet periods in your case, for instance, when waiting for medical reports or a response from the insurance carrier. Your lawyer should explain these pauses so you understand why there’s a delay.
What to Do If Your Attorney Isn’t Providing Regular Updates
Start by requesting a case summary or estimated response time. If communication doesn’t improve:
- Request a meeting to clarify expectations.
- Document your contact attempts.
- If necessary, contact the South Carolina Bar’s Lawyer Referral Service.
A lack of communication may justify finding new representation.
How Long Does It Take to Resolve a Workers’ Comp Case in South Carolina?
The timeline varies based on injury severity, medical recovery, and whether disputes arise. Most workers’ compensation cases in South Carolina take several months to a year to resolve, though more complex cases involving permanent disability or appeals can take longer.
Your attorney should update you regularly, even if delays are due to medical evaluations or Commission scheduling. The South Carolina Workers’ Compensation Commission oversees all hearings, appeals, and settlements, so your lawyer should inform you of any upcoming deadlines or rulings that affect your case.
Can You Change Your Workers’ Comp Attorney If Communication Is Poor?
Yes, you can change representation at nearly any stage by filing a new Form 61 under SCWCC Regulation 67-215. If you’re switching to a new attorney from a different law firm, you’ll need to file a motion, proposed order, and pay a $25 filing fee.
However, if your new attorney is within the same law firm, you can make the change via eCase, email, or letter without a motion or fee. Before making a switch, it’s a good idea to discuss your concerns with your current attorney to allow a chance for improvement.
Get Personalized Help From Experienced Workers’ Comp Attorneys in South Carolina
Clear and consistent communication is essential for a successful workers’ compensation claim. If you’re not receiving the updates you deserve, Stewart Law Offices can help. Our compassionate South Carolina workers’ comp attorneys provide timely communication, personal attention, and strong advocacy from start to finish.
Contact us today for a free consultation to discuss your claim and learn your rights under the South Carolina Workers’ Compensation Act.
