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Can I terminate my W.Comp Atty. because he will not answer general questions, he gives me NO TIME ? No service equals no fee ?

Jacksonville, FL |

I signed a W.Comp agreement between a Attorney and myself, a month ago. I was told by his office to write down all questions for Attorney because we sometimes forget. I had 20 questions and wasnt given the time to ask one ! It appeared that the Attorney just wished to sign me up and now because of having a Attorney my job will not let me work Light Duty. I am out of work and have no income but the co-pays for drs. visits and P.Therapy keep coming in. I was given the Attornies phone # and told to message him anytime, he stating he was a TEXT ADDICT. I texted him a question and his reply was, I need TOO MUCH HAND HOLDING !!! How rude !! I just found out it could be MONTHS before a mediator or hearing. I could of still been working LIGHT DUTY, my ins. is also going to run out.

If I would of been given the opportunity to ask questions I would have never signed this agreement. I would still have a paycheck and health insurance. Because the company I work for had their Claims Co.. call me, G. Bassett, and want a sworn recorded statement, I asked to do it in a few days. I called a Attorney and was told to COME IN and NOT make ANY statements without counsel present. I have been let go, no more Light Duty and my Attorney seems too busy and is just about too rude for me. It appears that it could be months before there is any action. Can I get another Attorney and owe this current one no fee whatsoever? he has filed for a hearing, thats it. Thank you.

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Attorney answers 4


You can always get a new attorney, but any fees ultimately recovered will be allocated between the two attorneys based on what they did. Be aware that lawsuits to take time, and your attorney's advice sounds correct. Also, while you are certainly correct that you are entitled to communication with your attorney, you need to understand that attorneys will notify you when something is happening or is needed. You can't make things happen any faster just by calling and asking if they are happening. I would suggest you make an appointment with your attorney and go over all your concerns at once.

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You can definitely change Attorneys, but all Attorneys split the same Contingency fee.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


A few things. (1) I NEVER let my clients give the the carrier a recorded statement as they are not entitled to them, they rarely help and typically it is just another thing they may try to use against you later on. (2) Companies also don't generally base whether they are going to offer light duty on whether you have an attorney or not. (3) You shouldn't be paying co-pays to anybody if Gallagher Bassett is covering your injuries unless you are already at Maximum Medical Improvement.

With regard to the fee, the lawyer has filed a Petition for Benefits on your behalf. Not saying this lawyer is doing a good job or he isn't BUT it is a terribly slow system which is frustrating. There is very little that can be done to alter those timeframes. For example, if a hearing becomes necessary it takes up to SEVEN months to get one. The first contributor is wrong about the fee though. Since July 2009, fees are based solely on benefits obtained. If your attorney has not obtained benefits for you, you may not owe a fee unless the outstanding Petition for Benefits subsequently results in benefits being obtained....

Heather Morcroft

Heather Morcroft


Sorry about that. I would definitely defer to you on the fee issue, I am not up on specific current WC issues.


You can hire another attorney. You cannot fire this current attorney and hope not to pay a fee because of the failure to respond. If the attorney has taken the correct legal steps, he would be entitled to a fee based on the value of the services provided. This would be determined by a Judge at the appropriate time.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

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