This is my first workplace injury, but my lawyer won't go after unpaid Industrial Disability Leave, won't ask for expedited hearings when treatments are denied, won't go after unpaid mileage and out-of-pocket expenses, won't demand 10% penalties when payments are late, won't request 25% penalties when payments are obscenely late or don't get paid at all, won't go after the employer under Labor code 3706, basically won't represent my interests at all. He acts more like he is working for the insurance company. I understand that I probably can't get a good lawyer to work for the 15% contingency mandated by law, but how can I find a lawyer who isn't a total piece of deadwood like the one I want to fire now?
You need to understand that IDL time is not a workers' compensation benefit. WC judges have no authority over denied treatment. I wouldn't go to court on those issues either. LC 3706 has to do with employers who don't have WC insurance. Is that the situation in your case or are you referring to something else that is not 3706?
Basically, it sounds to me like you have some misunderstandings about what your lawyer was hired to do, what he can and cannot do. Maybe you need to sit down with him and ask him what he can and cannot do for you so you don't have unrealistic expectations. A second lawyer may not make you any happier if your expectations are unreal.
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