What to Do If Your Workers’ Compensation Attorney Passes Away: A Guide To What Happens Next

Brian Mittman

9 months ago

Would You Know What To Do If Your New York Workers’ Compensation Lawyer Died?

Life can throw unexpected curveballs, and if you’re navigating a New York Workers’ Compensation case, the last thing you want to imagine is your attorney passing away. But what happens if that unfortunate scenario becomes a reality? Who would handle your case? Would you lose your chances of receiving benefits? These questions can understandably cause anxiety, but it’s essential to know your rights and options.

The Right To Hire A New Attorney

Firstly, if your attorney dies, you still retain the right to hire a new attorney. Even if your previous attorney was still alive, switching representation is within your prerogative. However, retrieving your case file from the deceased attorney’s office might pose a challenge, especially if it was a small firm.

The reassuring aspect is that in New York Workers’ Compensation cases, once you engage a new attorney, they gain access to the Workers’ Compensation Board’s electronic system. This means your new attorney will have comprehensive access to all the information your prior attorney had.

We Are Here To Help

If you find yourself in need of a new attorney due to the unfortunate passing of your previous one, the process isn’t as daunting as it may seem. At The Disability Guys, we strive to make it as seamless as possible. You can contact us through various channels – call us, email us, or even text us for a free consultation.

Here is how it would work:

Signing a New Retainer: We’ll have you sign a new retainer agreement, formalizing our representation.
Accessing Your Electronic File: We’ll promptly obtain access to your Electronic Workers’ Compensation Board file and thoroughly review its contents.
Engaging with the Insurance Carrier: We’ll initiate discussions with the insurance carrier to update them on the current status of your case.
Retrieving Your Case File: We’ll reach out to the estate of the deceased attorney to secure your case file, ensuring continuity in your legal proceedings.
Handling Prior Attorney Fees: Any outstanding fees owed to the previous attorney will be managed by the Workers’ Compensation Board and our office, so you won’t be burdened with double payments.

Life’s uncertainties shouldn’t hinder your pursuit of rightful benefits. In times of adversity, it’s crucial to take proactive steps to protect your rights. Even amidst the challenges that arise from unexpected events, such as the passing of your attorney, rest assured that avenues exist to ensure your case progresses smoothly.

At The Disability Guys, we understand the urgency of such situations. Don’t hesitate to reach out to us for assistance. Even when life throws its toughest punches, we’re here to help you navigate through, safeguarding your rights every step of the way.