Workers' Compensation Legal Assistant Job Description

Submitted by: Director of Workers' Compensation

Role Objective:

The Workers’ Compensation Legal Assistant is a critical role at the firm.  The team member in this position is the representative because, generally, most clients have the majority of their contact with the legal assistant. The role of the Legal Assistant includes both Non-Litigation Legal Assistant and Litigation Legal Assistant. As these roles are often interchangeable when assistants have a combination of Litigated and Non-Litigated cases. 

The legal assistant’s role is to provide high-level case management to ensure that the client obtains the maximum Workers’ Compensation benefits that they are entitled to, including medical treatment and income benefits, if applicable. The Legal Assistant is expected to provide a high customer service experience for every client. 

While in Litigation, the Legal Assistant is responsible for the coordination of all the details during the litigation process including filing litigation forms/documents, drafting motions, conducting legal research, completing discovery, scheduling depositions, and preparing the case for trial. 

Under no terms should the legal assistant engage in providing legal advice to a client as this violates bar ethics rules and may compromise the relationship the client and the attorney/firm may have. Notwithstanding, the legal assistant provides relief to the Attorney in getting the day to day task and large parts of the legal work completed in an efficient and effective manner. The legal assistant is one of the most important pieces of successful law practice and allows for the Attorney to accomplish their objective of providing high levels of legal service and superior customer service to the client.

Role Responsibilities:

The legal assistant will be responsible for managing a caseload of no less than 50 cases and no more than 100 cases. The legal assistant is the primary point of communication for all clients assigned to him/her. It is the responsibility of the legal assistant to receive all incoming calls from clients and to initiate all outgoing calls to clients and to call the client every two weeks for a status update. The legal assistant is also required to return all client calls within 24 hours.  The legal assistant is responsible for targets and objectives to achieve – at an individual and team level – to meet the firm’s overall goals. These are measured through Key Performance Indicators (KPIs).  The specific responsibilities are as follows:

Case Management: Medical Treatment & Income Benefits:

• New Client Call with the attorney to the client within 24 hours of assignment
• Review case facts and develop a plan of action with the attorney
• Call clients every (2) two weeks with status updates 
• Return a client’s call, text or email within 24 hours
• Request and follow up on WC 102 Documents: Medical Records, Panel, Wages
• Review panel of physician and confirm if valid, with an effort to invalidate for best result
• Review wages to calculate and confirm AWW/CR for income benefits (TTD, TPD, PPD)
• Facilitate and monitor medical treatment and recommendations, orders and referrals for authorization 
• Assist in coordinating/scheduling transportation and interpretation
• Monitor income benefits and ensure client is receiving maximum amount due
• Identify when a case is ready for settlement
• Identify when there are issues with a case and discuss with the attorney
• Draft Settlement/Demand evaluations for attorney
• Follow up on Demands to move cases ready for settlement 

Calendaring/ Coordinating: Time- date Related Events:

• Depositions- Coordinate available deposition dates with Opposing Counsel - according to attorney availability
• Private mediation dates - reaching out to private mediators for dates
• Mediations - sending driving directions to clients
• Scheduling and coordinating medical appointments for clients
• Scheduling and coordinating conference calls with attorneys, judges, and clients
• In-person meeting - case status, signing stipulation and agreements, picking up check
• Introductory calls to clients
• Interpretation service for in-office meetings and through the phone
• Coordinate transportation needs for the client
• Keep Filevine up to date with new and relevant information, including but not limited to adding adjusters, opposing counsel and medical providers to the file
• Confirm all events related to litigated cases such as depositions and hearings

Notices Drafted, Scanned and Mail:

• Send Deposition and Mediation notices to client - including driving directions
• Send IME notices to client – including IME mileage reimbursement check, if any
• Advise clients of medical appointments, confirm date/time/address
• Submit Withdrawal notices with ICMS
• Prepare stipulation notice (cover letter) and signed STIP, scan and save in Filevine, send to OC via email and mail.
• Send authorization for treatment notice to adjuster/Opposing Counsel.

Invoices/Reimbursement Requests/Case Expenses:

• Mileage reimbursement for Attorney
• Interpretation charges
• Investigation charges
• Sign up fees (3^rd party provider goes to client to sign-up)
• Lyft or other transportation expenses 
• Attorney fee lien checks
• IME check requests
• 202 IME check requests
• FedEx charges to send documents or Settlement checks (only if client is too far or has reasonable conflict and has requested to send via FedEx)
• Medical records request
• Court Reporter costs
• All Certified mail charges
• Postage
• Loans (Oasis, Glofin/Peak/Omni, IWP) and medical provider liens added to Liens/Loans

Hearings/Mediations:

• Meet with your attorney at least once a week to go over the Attorney’s calendar
• Discuss which cases will be Reset or Taken off the Calendar (TOC)
• Contact the Judge’s office to postpone/remove any hearings at least (1) one day prior to hearing and before 2:00 pm
• Contact the ADR unit to postpone/cancel any mediations at least (1) one day prior to mediation and before 2:00 pm
• Hearings and Mediations can go forward, postponed/Reset or Taken off the Calendar (TOC)
• Prepare Attorney for hearings and mediations

Litigation:

• Discuss with your attorney the plan of action for the litigated case
• Call the client with the attorney to explain the litigation process and set expectations. 
• Meet with your attorney at least once a week to go over the Attorney’s litigation calendar to discuss which cases will go forward, be Reset or Taken off the Calendar (TOC)
• Draft and file all necessary litigation forms and documents (WC 14 Request For Hearing, Motions, etc.)
• Draft and Send Discovery to Employer/Insurer, work with the attorney 
• Call client to complete Discovery requests. 
• Draft and Send Client Discovery Responses to Employer/Insurer, with attorney review and approval.
• Coordinate and schedule client and witness depositions (date, time, location, interpreters, etc.)
• Assist Attorney to prepare client for deposition.
• Assist Attorney and client to prepare for trial, if necessary.
• Contact the Judge’s office to postpone or remove any hearings at least (1) one day prior to actual hearing and before 2:00 pm

Filevine Notes:

• Make a separate note each time to ensure individual date/time entry 
• Phone calls
• All activity in a file, if you touch a file, there should be a note
• Emails - both attorney emails/assistant emails
• Notes about meetings
• Hearing and client Meeting Notes
• Adjuster/opposing counsel and medical provider notes
• Deposition notes

Miscellaneous:

• Scan attorney's deposition notes and scan attorney's notes (PC, conference call or office visit notes, etc.)
• Return all client calls within 24 hours
• Opening Files (File Processing), if needed, including filing claim on ICMS, sending Welcome Letter to client, calling Insurance company and filing a claim, sending the Letter of Representation to Insurer via email.
• Assist Attorney Interpret any calls
• Assist Attorney Interpret to new Potential Client (PC) in office, calls, and walk-ins
• Communicate with opposing counsel or Adjuster about any missing TTD checks, transportation & interpretation, and inquire about medical appointments/referrals/orders that need to be approved.
• Save and label documents in the correct tab via Filevine (Medical Records in the Treatment Tab, Discovery in the Litigation tab. Documents may come through email, postal mail, fax and/or text messages)
• Review all mail received - address any issues/concerns with attorney (mail back any originals if applicable) 
• Change the case Phase according to the phase that the case is currently in: File Set-up, Non-Lit, Litigation, Discovery, Depo, Mediation, Settlement, Reconcile, Fee Lien, or Archive.  
• Pull the 2-week client call report every Monday morning and have all calls completed by the close of business on Friday. 
• With the Attorney, select the best doctors for the client’s medical treatment. 
• Monitor the client’s medical treatment to ensure that the client is being provided everything that the doctor is recommending or ordering. All referrals/recommendations are to be sent the adjuster or Opposing counsel for authorization. Follow up to make sure the order/referral is approved. If not, work with the attorney to file the necessary board forms. 
• Settlement statements - includes, printing out approved stipulation and approval, supplemental docs from ICMS, drafting the settlement statement (if any discrepancy, discuss with the attorney), submit settlement statement and documents to Accounting and Disburse settlement check to client.  

Non-Litigation Legal Assistant:

• Call clients every 2 weeks with status updates
• Return a client’s call, text or email within 24 hours
• Follow up on 5 demands a week

Litigation Legal Assistant:

• Call clients every 2 weeks with status updates
• Return a client’s call, text or email within 24 hours
• Complete 2 Client Discovery Responses a week