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Are you allowed to change lawyers in a workman comp case if you feel he isn't totally on your side ?

Covington, KY |

Got hurt at work. Been through physical thereay twice. Dr wanted to operater. Workman comp denied it. Wanted me to get three cordisones shots. Recieved one . Leg went numb after shot , which they denied the shot having anything to do with it. My lawyers doctor has me at 18 percent total permante disability. My lawyer mention that I pay for the operation with my insurance. I told him no because I would have to pay out of pocket. But he wants me to go to the same doctors that lied to me about the numbness in my leg and wants me to continue letting them treat me.

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Attorney answers 3


You may change lawyers, but the first lawyer will retain a lien on the case sothey get paid. You also have to find a lawyer willing to take the case and unles your first lawyer is incompetent you will probably get the same advice from the second lawyer.

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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.


You can change lawyers whenever you want, but I agree that it can be difficult to find an attorney to take a case after so much work has been done on it. If you want, you can contact me and I'll review the situation for you. It is possible that your attorney is making the best of a series of bad options. Let me know if you want a second opinion and I'll give you one.


You can change lawyers. But if your lawyer has done a lot of work on your case he may file a lien against your case for attorney's fees. So, you should try to work this out with him. If you cannot then you may be forced to change lawyers.

I do not practice in your state so this is information I am providing for information only and is not meant to be legal advice. You may wish to consult with an attorney in your state to obtain specific legal advice for this question.

Jerry Lutkenhaus
Virginia Workers Compensation Lawyer for 35 years.