My WC attorney has been trying to get me to settle without surgery. My surgery has been postponed for 10months with lawyer telling me every time I called he expects a settlement within weeks, well those weeks turned into 10 months I have received my weekly benefits but no treatment whatsoever after asking my lawyer continuously to demand they treat me while waiting on this process. Well in these 10 months they have hired a investigator to follow me around and said I sold a couple of household products at a yard sale and committed fraud but are still willing to settle for 50,000 I have said no because I want my surgery. I think I need to get another attorney as he now seems to be working for them.
Michael Richard MoebesWorkers' Compensation LawyerAtlanta, GAGA licensed ·
I can assure you that he is not working for them. There's zero incentive for a claimants attorney to "work for" the defense. That said, he doesn't get paid unless you settle, so he does have some motivation for that to happen. Also, there are benefits to resolving your case and treating with the doctor you choose, when you want to, and how you want, instead of having to go with whomever the workers' comp system provides for you on their schedule. Sounds like you need to have a candid meeting, in person, with your attorney and let him know that you are thinking of leaving over this issue.
Whether to have surgery and who represents you are 100% your choices. Often times, this part of the case can be confusing and stressful. A settlement can be the best decision but it is your decision alone. Your lawyer is not working for them.
Jaret Adam SpevakWorkers' Compensation LawyerAtlanta, GA ·
You definitely have the right to fire your attorney, and to hire someone else. Your current attorney will be able to file a lien on your case, and will likely claim entitlement to 25% of the $50,000 settlement offer. There is no guarantee that your new attorney will be able to force the insurer to authorize your surgery. A judge may have to decide that issue. There are a number of excellent attorneys who regularly answer questions here on that you can call. Good luck!
Nathan Edward WoodyWorkers' Compensation LawyerDecatur, GA ·
If getting the surgery is your priority, tell your lawyer. Understand that insurance may fight (and potentially win) having to pay for the surgery. The $50,000 offer they are making currently is their attempt at buying the "risk" that they may have to pay for the surgery and related costs. Realize that you carry risk as well. So, the question becomes, do you want to gamble, or take the "bird in the hand"? Let your lawyer know your decision. If you still can't get on the same page, you may want to talk to other lawyers.
You are not communicating. WRITE a letter or email which states that there is no way that you are settling the claim, for ANY amount of money, until your body is fixed.
Your attorney thinks that enough money will change your mind and many people are tempted by money, ESPECIALLY around the Holidays. Your attorney just doesn't want to wait to get paid.
I agree with the other attorneys that your attorney is not 'working for them', and it does him/her no good either. However, YOU are in charge of your case, and that includes whether you want to go forward with surgery, whether you want to settle, etc. etc. I would sit down and have a conversation with your attorney and clearly express your thoughts and concerns, and, if they cannot be resolved, obtain new counsel. Good luck.
