While working as a w/c claims examiner the most frequently asked question early on in a claim's life was "Will I need an attorney?" I used to answer with "I can't advise you on the answer to that, but I can tell you that once you have attorney representation you will no longer be able to call me with your questions." Even so, represented claimants would call about late checks (forwarded to attorneys who held onto them) and they would call and ask what they should do about an attorney who won't call them back. I could help them with neither issue once they were represented.

My off-the-record-advice is if you don't need an attorney, don't hire one! It is often totally unnecessary to hire an attorney to get the treatment , lost time benefits, and permanent disability assignment that the law allows. And hiring an attorney unfortunately often has the negative effect of slowing down the entire claims process.

Signals that you may need attorney representation are:

1. Denial.
2. Change in direction of claims decisions contrary to the history of the claim.
3. Non-payment of wage replacement (TTD) benefits.
4. Lack of cooperation with claims person. I would recommend asking for a new claims handler first, however.
5. Foot-dragging on determining extent of permanent disability.
6. Refusal to authorize necessary treatment.
7. Violation of any part of the w/c statute.
8. Employer exerting undue influence on claims decisions.
9. Premature claim closure.
10. Claims complicated by collateral or unrelated health issues.



As for hiring and firing attorneys, and who gets what, in many states I believe the attorneys have to hash that out at claim settlement. The advice you have received here seems to be aiming in the right direction, that perhaps you need to speak with an ombudsman at your state's industrial insurance center to find out what will happen when you change attorneys. And do remember that Attorney "B" will be unable and unwilling to provide an estimate of what Attorney "A" will be paid for many reasons. I would ask Attorney "A" if they could advise you of the costs you have currently on the books and go from there. And remember that you don't have to give a detailed reason of asked why you are firing the attorney . . . just tell them you don't feel it is a good professional fit or that it is a confidence issue.