Lawyers and Time Loss Money
Workers’ compensation lawyers in Washington State regularly receive and deliver clients’ time loss money and other money benefits.
There are two main reasons this money goes through the lawyers’ office:
- L&I only allows one mailing address per claim. Lawyers doing their job will insist on receiving all mail directly from L&I. This includes orders, checks, and other correspondence. The mail is sent to the law office so they can review the claim information and then send it to their clients. That process allows the attorneys to see all critical information and to act quickly to protect the client’s rights.
- Lawyers often need to deposit the check in their trust account to make disbursements such as case costs, clients’ time loss share, and agreed-upon attorney fees.
Trust Accounts
Lawyers are required to handle client funds honestly. There are bar association rules for lawyers. These rules require lawyers to use trust accounts, report to the client how funds are distributed in writing, and promptly deliver the clients’ money to them.
The Rules of Professional Conduct (RPC) 1.15 A&B set the precise rules for how lawyers safeguard client property.
The rules apply to the receipt and distribution of time loss money by lawyers. In particular:
- A lawyer must deposit client funds into a trust account. RPC 1.15A (c)(1).
- A lawyer must promptly pay the client the money which belongs to the client RPC 1.15A (f)
- A lawyer must not pay funds from the trust account until the funds have cleared the banking process and have been collected. RPC 1.15A (h)(7)
Workers’ Compensation Law Offices Use Legal Assistants
Workers’ compensation for lawyers is litigation-heavy. This means lawyers are busy with trial-oriented work that only lawyers can do. The result is that efficient lawyers will use paralegals and legal assistants in workers’ compensation to help them get things done. The paralegals’ job is to handle regular office affairs so attorneys have time to work on case preparation and litigation. Paralegals will keep attorneys from being constantly interrupted by client concerns the paralegals can adequately handle. It’s their job to shield attorneys but not block access. Paralegals are important people. They need to get the job done. Legal assistants need to know what is happening in your case and communicate clearly and honestly.
Almost all paralegals work hard and effectively for clients, with some exceptions. The lawyers must supervise their paralegals. Nearly all lawyers do a good job of that, but others may not be paying attention.
Time Loss Checks Are Sometimes Late
You are probably reading this because you have had problems with your time loss checks. We cannot know what your concerns are, nor can we advise you on what to do. You need to talk to your lawyers about your time loss concerns.
Here is the time loss process, some common problems, and some possible solutions.
PROBLEM #1: L&I or the self-insured didn’t send it to the law office, or if they did send they didn’t send it on time.
- The law requires time loss payments to be made on time. They are to be paid at regular semi-monthly or biweekly intervals to ensure speedy financial relief during the worker’s disability. The injured worker must receive regular curative treatment to be eligible for continuing time-loss compensation. The attending medical provider must certify that the worker’s ongoing inability to work results from the accepted medical condition(s).
- There are legal reasons why a check may be late or absent. Legal concerns include lack of medical certification by the doctor, a valid job offer made by the employer, and medical questions regarding unrelated conditions or pre-existing conditions. These are valid reasons why a check would be late. These legal concerns need to be handled. Talk to your lawyers or their paralegals to determine what needs to be done and who needs to do what. Help them make it happen.
- Administrative concerns such as L&I or the self-insured didn’t get it done. Maybe there is not enough personnel, maybe they are too busy, or maybe somebody is sick or on vacation. These and similar excuses are not good enough. L&I and the self-insured have rules which govern their payment of time loss. Your law office needs to make them follow the rules. Every slow claims manager has a supervisor. Every supervisor has a supervisor. Make them aware. Those checks need to arrive on time.
PROBLEM #2: The law office didn’t send it to you on time.
- Your lawyers need to fix this problem. The law office must promptly process and send your check RPC 1.15 A (f).
Details about how time loss checks arrive in the lawyers’ office.
Checks from the self-insured or L&I can be sent to the law office in two ways: paper checks or ACH bank-to-bank transfers.
The law office then passes the check onto the client or deposits the money into the trust account, deducts fees and costs, if any, and writes and sends a check to the client on paper or as an ACH transfer.
These client checks should be sent or made available to the client promptly. In most circumstances, clients hope their checks will be sent out or available for pickup the same day they arrive at the law office. Sadly, no rule or case law defines what promptly means in this circumstance. Let your lawyers know what you need. Ask your lawyers for their definition of promptly. Ask that this become part of the fee agreement if necessary.
Communication
Law firms need to use clear communication. The law is full of legal terms and technical jargon, and using the correct words is important to lawyers. However, if you don’t understand what is being said, ask for an explanation in non-technical terms. If you still can’t understand, ask for an explanation in writing.
Clear communication means different things to different people. If English is your second language or you have difficulty processing information, you still deserve an explanation you can understand. If you don’t understand, you need to say so.
Speech is sometimes laced with vague language. For example, the check didn’t arrive because of “administrative problems.” That is vague. Ask questions and discover what that means and who will do what about it.
Why won’t my attorneys or their paralegals call me back?
We can’t speak for them, but they have their reasons. We will say this:
- They often won’t call you because it takes time to connect, listen, empathize, chat, and answer.
- Sometimes, it is best to put your questions into an e-mail. This can save a lot of time and cuts to the chase.
- An email makes it easier for you to stay focused on the issue’s substance and allows them to answer once and be done. Try it—it might work.
Honesty
You should be getting reliable and honest information from your law office. Most law offices will always tell the truth.
However, if you don’t believe what is being said about your time loss check, you should ask questions and tell your lawyer of your concerns. Lawyers and their staff are required to tell the truth.
Give your law office the benefit of the doubt and assume their communications are truthful. However, if you suspect you’re not getting a straight story and the same problems keep coming up repeatedly, get additional information to check out what is being said.
- If you have a state fund case, you can look at your online file to find out if and when checks were sent to the law office.
- You can view the date received stamp on your payment order to find out if and when the check was received by the lawyers.
- You can find out when the lawyers deposited the money in the trust account and what they did with it by asking the lawyers for an accounting of how and when your funds were handled.
If you are certain your law office is not honest, do something about it. Confront them. A certified letter will get their attention if you can’t get to them. You can always fire the lawyers if that seems appropriate. You can contact the bar association if necessary. Dishonest lawyers should find a new line of work.
Helpful
Lawyers and their offices should be helpful when you have a time loss concern. Clients need their money, and they need it promptly. Lawyers should not be casual about handling clients’ money. Getting time-loss money into and out of the law office is often the most important thing lawyers can do for clients. If there is a regular problem, be sure your lawyers understand your concerns. You are their client, not their customer.
Don’t Call Us About Problems with Your Lawyers
We wrote this article for your information and hope it will help you. We are not in the business of telling your lawyers how to handle your case. If you have a problem with your lawyers or law office, talk to them. Do not call us about your lawyers.
If you can’t take it anymore, you always have a right to fire your lawyers.
