The Difference Between a Worker or Patient Advocate and a Workers’ Compensation Attorney
odin July 15th, 2010
Recently, our office has been fielding calls regarding the differences between “worker advocates” or “patient advocates” and attorneys who handles Workers’ Comp claims.
- Patient advocates are not attorneys and they do not have the equivalent training and trial experience that attorneys have. Despite their lack of education and training, they often charge the same or similar rates as lawyers who handle L&I claims.
- Patient advocates will not typically take your case to trial. Instead, once it looks like your case may be heading towards litigation, they will typically work to settle your case. However, if settlement negotiations fail, a patient advocate will likely terminate their representation of you. After settlement fails, the Board of Industrial Insurance Appeals will schedule your case for trial. Having your advocate bail out at this point can be very problematic because trials are complicated and without an attorney representing you, your chances of a good outcome are greatly reduced. Worse still, many lawyers are reluctant to take cases after mediation has failed because the trial will occur relatively quickly, and as a result, there is usually not enough time to prepare the case as it ought to be prepared for trial. Finally, at such a late stage, any mistakes made by the advocate in handling the claim may no longer be correctable.
- Patient advocates have less leverage to negotiate on your behalf during the mediation phase prior to trial. The parties on the other side are sophisticated and understand that the advocate will not follow through and litigate the case. As a result, there is little incentive for your employer and/or L&I to extend a meaningful settlement offer. This can make settlement more difficult, result in a lower settlement amount, or even cause the other side to ignore settlement possibilities outright. There is also the risk that because the advocate knows that he or she will not be representing you past the point of mediation, he or she may strongly encourage you to take any settlement that is offered because it is the advocate’s last opportunity to make a fee off of your case.
In summary, patient or worker advocates are not as qualified as attorneys, do not have trial experience, have fewer tools available to them in pursuing your rights, and charge rates similar to or identical to what a real lawyer charges. The only advantage to having a patient advocate is that at some firms, it is very difficult to talk to your attorney. At Maxwell & Webb however, our clients always have prompt access to their attorneys, and their attorneys are involved in all phases of the claim.