I have retained an attorney for my WC case. After a Mandatory Settlement Conference, I was awarded a Stipulated Finding and Award. After this appointment, I was told by my attorney that since the case was settled, that he was no longer working for me. That he would send me my case file. We had no face to face follow-up meeting. And I did not sign anything to say that we were longer in an attorney, client contract.
Is this correct? Once the day the case is settled, I no longer have an attorney working for me? Or at least someone to guide me into what the next steps I need to take are? Please advise.
We see this happen all too often. In fact, that lawyer remains your lawyer until relieved of duty by the workers' comp judge. He can substitute out or he can ask to be dismissed out but he can't simply send you a letter saying he's out. Of course, if a lawyer doesn't want to represent you how good a job do you think he's going to do for you? And since he's already been paid, no other lawyer is going to take the case. Be sure to review him here on and on YELP!
I believe the attorney has an ethical duty to represent you should you need assistance enforcing your Award or future medical care. It appears this attorney does not want to do so.
Sadly, you will probably not be able to find an attorney to help you with a future medical care only case because there is usually no money in it. If you do need help, you can post questions here on or ask the WCAB's Information and Assistance Officer for help.
You may also be able to file a complaint with the State Bar but I have no idea what, if anything, they would do for you.
cott Douglas SilbermanWorkers' Compensation LawyerSanta Ana, CA ·
I agree with the other attorneys, but would note that if it is still within 5 years of the date of injury, you have substantial future medical care, or you have had prior injuries that push your total disability over 70%, you may be able to find a new attorney.
Good Luck!!
I agree with the others, it's a problem for injured workers and a gray area in terms of how far your attorney's obligation extends. Personally, I believe work comp attorneys should keep their "open medical cases" but there is not a lot of financial incentive. The main incentive would be a future possibility that you may eventually completely close your case and settle out your medical care.
I find it unfortunate that this has happened, however, the silver lining is that dealing with treatment denials and what not is probably something you can do on your own.... You probably just need a crash course on UR and IMR, haha, or you can post questions here as they arise. Lastly, as mentioned in the other answers, each work comp WCAB office has an I & A officer which can assist.
*I have to say that your attorney may need your signature to fully relieve himself of his obligations, as otherwise he will remain the attorney of record. I probably wouldn't sign anything he sends to you, but, like Mr Borah wrote, the caveat is do you still want him representing your interests... Given that he's tried to let you go as a client...
The information your attorney has provided is incorrect. In a settlement by stipulation and award there remain issues of possible re-opening of your claim, and continuing medical treatment.
You might be better off retaining a different attorney since your existing attorney no longer wishes to represent you. There are many dedicated attorneys who are not just practicing law to make a living, but also to help the community of injured workers. I am sure you will find such an attorney if you look.
