My Attorney won't return my phone calls.My Dr released me @ 40 lbs restrictions.HR says I need to file ADA paperwork.What to do?

Asked over 1 year ago - Los Angeles, CA

I explained to my Dr. that my symptoms have not changed in 3 yrs.I have had a neck injury that caused both arms to be numb/tingly.I also had surgery on my right shoulder.I feel like the system has left me to hang out and dry.My release paperwork has PRN(return to Dr. as needed)

Additional information

I sent a really nice email to my Attorney and he still hasn't contacted me in over a week.

Attorney answers (5)

  1. George Ellis Corson IV

    Contributor Level 20

    5

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    Best Answer
    chosen by asker

    Answered . Call his Office and make an Appointment. Fax him your 3-4 specific questions BEFORE the meeting, and ask what the Plan of Action is now that you have reached Maximum Medical Improvement (MMI). Then leave after he has answered your questions, so he can help other people.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
  2. Daniel W Epperly

    Contributor Level 13

    5

    Lawyers agree

    Answered . Your attorney should be returning your calls but often we are very busy. If it has been over a week, I would follow up with another phone call. After a couple weeks with no response, I’d consider consulting with a new attorney. If you take that route, be sure the second attorney is reputable because it will be close to impossible to find a third attorney to take your case (because all the attorney’s involved have to share the 15% attorney fee).

    Regarding the ADA paperwork, I’m guessing HR is referring to the “interactive process” where the employer is required to conduct a good faith meeting to see if they can accommodate your work restrictions without undue hardship. If you employer could accommodate your restrictions but does not do so, consult a labor attorney regarding a FEHA/ADA claim. Most workers’ comp attorneys do not handle FEHA/ADA issues.

    I hope this answers your question. Good luck to you.

  3. Irina Rubin

    Pro

    Contributor Level 10

    3

    Lawyers agree

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    Answered . I agree that you need to schedule an office meeting with your attorney. Sending e-mails to your attorney won't accomplish a lot. E-mails are useful for quick responses, not case status discussions.

  4. Nancy J Wallace

    Contributor Level 14

    2

    Lawyers agree

    Answered . My clients emails end up in the junk and spam drawer sometimes because they copy spouses and secretaries and adjusters and I never see the danged things.

    if YOUR EMPLOYER accommodates workers with certain restrictions, GET STARTED ON THE ACCOMMODATION right away. You don't need to chat with your lawyer to complete your request for an accommodation for a permanent work restriction (if would be preferable, but not absolutely essential).

    TRY FAXING YOUR ATTORNEY the times you are available at the phone and the number and the specific issue (something other than 'my case'), and if you don't receive a call at the appointed times you put in the fax, fax him again that you are obtaining another lawyer if you don't get a fax answering specific questions in writing.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Schedule a sit-down appointment

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