Home > Research Legal Advice > Workers Compensation > My workmans comp attorney is not giving me answers and I need a new atto...
Asked 9 months ago - Los Angeles, CA
Flagits a stress case &Its been 3 months since pqme report has been issued. My employer has been calling and sending forms to fill out. I sent the forms and questions to my attorney but have never received an answer from my attorney and he still has not given me any info about how my case is progressing and its been 11 months since the start of my wc open case and employer is preparing to fire me when the 12th month of leave elapses.Pqme has been issued, workmans comp has still not been approved and no court date has been set. I have the pqme report, my list of doctors names and numbers, my workmans comp denial letter and my attorney letter as well. Is there anything else I need to show a prospective attorney? I surmise so late in the game it may be more challenging to find new counsel
Mr. Corson is correct about the PQME report being the most important document. And you are right that you face a challenge finding new counsel. May I suggest that you call your attorney's office and schedule a face-to-face meeting in order to determine what the current status is. Make a list of your questions before the appointment and make sure that your attorney gives you enough time to answer them (within reason).
If you can not get an appointment, or the answers are unsatisfactory, you should use www.avvo.com or www.caaa.org (the applicant attorney organization) to locate a skilled worker's compensation attorney in your area. Given the timing issues you raised, you should move with all due speed.
Good Luck
You are about to lose your job. You only have a 12 week job guarantee under Family Medical Leave, and your Employer is objectively generous to keep your position open for an entire year. If you found it overly stressful, losing the position may not matter. If your claim was denied, your SDI benefits will probably expire after 52 weeks if you have been regrouping and/or convalescing since your claim opened. I don't know what the QME said, but that is the most important document that you can show the prospective new attorney.
The PQME report should be enough for an attorney to make a decision. The attorney will take the case if it ready to settle because it is largely an accepted fact that the settling attorney takes 25-33% in OC and LA area. Therefore, if the case is in fact ready to settle an attorney may take it. However, you must let him know that you want it done immediately and what is an estimated time because you dont want the attorney to hold the case in order to have more grounds to request more attorney fees from your prior.
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