Workers’ compensation is a specialized area of practice requiring strict adherence to deadlines and careful exercise of your professional judgment. Should you get the feeling you’re not in Kansas anymore when discussing a potential client’s workers’ comp case, it is probably best to decline the matter. However, if their case is in the realm of your expertise (“There’s no place like home!”), be wary of these potential legal malpractice pitfalls along the (yellow brick) road to settlement: 

• Missed deadlines – Any workers’ comp attorney knows deadline management in a workers’ comp
  case is critical. From the deadline your client must report the incident to their employer to the statute of limitations for filing a claim, time passes quickly, especially when you are handling multiple matters. Make sure you establish and follow through with an appropriate calendaring system to protect these deadlines.
• Failure to define the scope of the representation – As with any new client matter, be sure to document the scope of representation in writing with an engagement letter. If there is a potential personal injury claim with your client’s workers’ comp case, it is critical to define the matter you are handling – and specifically state what you are not handling – so there is no question about your limited representation. In a work comp matter, it is also important to state whether you will assist you client with an appeal in the event of an initial denial. 
• Lack of communication – As lawyers, we cannot hide behind a curtain and report to our clients when we feel like it (á la a certain familiar wizard), but rather, we are obligated to “promptly comply with reasonable requests for information” in accordance with ABA Model Rule 1.4. So, be sure to communicate when they reach out for updates and promptly report all developments in their case. 

Workers’ comp is a unique practice area that requires tenacious advocacy coupled with compassionate support of your client. Being injured on the job and left unable to work can be a very challenging time in someone’s life. Seize the opportunity to help your client by thoroughly investigating the incident that led to their injuries, vigorously negotiating their best outcome with the employer or their carrier, and helping your client understand and navigate the intricacies of the workers’ comp process and laws in your state.

Although not as easy as simply clicking your heels together, you can reach a favorable resolution for your client as you effectively – and ethically – handle their case.