What can I do if I am not happy with my workers compensation attorney? 16 Answers as of August 03, 2015

I do not like or trust my Attn. He wants to settle I do not. The offer is to pay my medical with no further payments. And I will never go back to work. I had a closed head injure along with a torn rotator cuff. I have been out of work since 10/24/2012. He does not keep me informed as to what is going on. We had a court date on 1/19/14 I was told I didn't need to be there. I haven't heard from him as of yet as to any outcome from this date. This is how I've been treated through out this process. So this is why I want to know can I request to see my file so that I have some knowledge as to what has been happening. Or can I hire another Attn who will do as I would like?

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Durham Jones & Pinegar | Erven Nelson
Yes, you can always hire a new attorney who can deal with the attorney you do not like.
Answer Applies to: Nevada
Replied: 8/3/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
It is hard to evaluate your case without having full knowledge of the facts. Workers Comp is not a user friendly system for applicants. You will need to fight for your future care and the case can resolved by a C&R, Trial or Stipulation . However, these cases take a very long time and sometimes attorneys are not to blame. However, you can always seek a second opinion to resolve your concerns. Good Luck.
Answer Applies to: California
Replied: 7/29/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You could marry him and make his life miserable, or you could fire him and get someone else.
Answer Applies to: Michigan
Replied: 7/10/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Go to another workers comp attorney that you want and hire him. He will get the first attorney's file.
Answer Applies to: Connecticut
Replied: 7/10/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Of course, it is important to have a trust relationship with your attorney no matter what type of representation is involved. As to keeping you informed as to what is going on, well in workers comp cases, there are often long stretches when nothing is going on, and that's just the way it is. As for the court date, if you don't need to be there, then being there is nothing more than an inconvenience to you and meaningless as far as the proceeding is concerned. Going to court is a big enough pain in the neck when you do need to be there. Finally, you have an absolute right to look at your file and to get copies of anything you want, it's your file (but be reasonable about when you want to see it and make an appointment in advance) and you have a right to switch lawyers, though how well you like someone is no indication as to how good of a job he/she can do for you. Also, workers comp provisions are strictly governed by statute, so it may be that you will never get adequate results no matter who you hire or how much you deserve more.
Answer Applies to: New York
Replied: 7/10/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes. And yes. Find a new lawyer in whom you have confidence. Ask your current lawyer for a copy of your file. He is entitled to be paid for the copies. You might want to think hard about why your relationship with this lawyer has gone sour. For example he might have reached a reasoned professional conclusion that the reimbursement he is recommending is the best you can get. Ask for an explanation.
    Answer Applies to: Wisconsin
    Replied: 7/10/2015
    Law Offices of George H. Shers | George H. Shers
    E-mail your attorney as to why you are not happy with him, demand to know what happened at the last hearing and what it was for and any future dates, why he wants to settle just for the current medical bills and not any permanent disability, that you insist on speaking directly with him and not the case worker on the file, etc. ?Give him a five working day deadline. You can always fire an attorney and you do not have to give any reason. ?You are entitled, at no charge, to your entire file, including all medical reports, records, his office's notes, correspondence from the defense and WC carrier, etc. ?The attorney can file a lien for his fees against the attorney fees to be paid in the entire case, but you end up paying the same amount of fees no matter how many attorneys you have used. That said, although most applicant's attorney find it necessary to have their staff do most of the work, it makes no sense to me that your attorney would want to settle for less than the case is worth. ?He gets nothing from medical bills paid. ?The more you get in permanency disability, the more he gets [about 15% of whatever he recovers for you]. ? Something else must be going on, such as injury not being accepted, etc.
    Answer Applies to: California
    Replied: 7/10/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    You can advise your current attorney that you want your file, and you can discharge him, or seek another attorney, then ask him to substitute in for your old attorney.
    Answer Applies to: Colorado
    Replied: 7/10/2015
    Ty Wilson Law | Ty Wilson
    You have the right to terminate your attorney. You should try to speak with him and see if you can work out your differences. If not and you terminate him/her. You need to know they can file a lien to be paid for their time they have worked on your file.
    Answer Applies to: Georgia
    Replied: 7/10/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You may have a meeting with your lawyer to let them know of your expectations and to get answers about the status of your case and their game plan for proceeding. Any lawyer worth keeping should allow you such a meeting. If your lawyer refuses such a meeting or can't get you up to speed on the case, you probably should be looking for a different attorney to help you.
    Answer Applies to: Michigan
    Replied: 7/10/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You have a right to hire another attorney at any time. What would normally happen, if you decide to change attorneys, is that when the case is settled the old attorney would be paid for his time from the attorney fees that were generated by the new attorney.
    Answer Applies to: Illinois
    Replied: 7/10/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Get a second opinion.
    Answer Applies to: California
    Replied: 7/10/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Go to the attorney's office tomorrow and ask for a copy of your file so you can get a second opinion.
    Answer Applies to: Montana
    Replied: 7/10/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course you can change lawyers. Make sure he/she is a w.c. specialist.
    Answer Applies to: California
    Replied: 7/10/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, you can request to see your file and you can hire another lawyer, but your current lawyer will probably have a lien on the file for the work done and costs and expenses. It is not necessarily advisable to switch attorneys in mid-stream, though. I would encourage you to conference with your lawyer, first, and if that doesn't work, then seek a second opinion from an experienced comp lawyer.
    Answer Applies to: Alabama
    Replied: 7/10/2015
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    If a client is not happy with an attorney, he should make arrangements for other representation
    Answer Applies to: Connecticut
    Replied: 7/10/2015
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