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What do I do when my Workers Comp Attorney do not let me know how my case is progressing? I found him on Avvo with good reviews

Atlanta, GA |

My attorney accepted my case on a contingent fee basis. I had a slip and fall in June 2009 and the first doctor signed me off for full duty after 8 weeks of physical therapy. He never told me that my EMG showed a left leg nerve compression and the MRI showing a bulging disk that affects my right side. I found this out when my attorney got the evidence December 2009. The last letter however from my attorney in early January 2010 stated that he need to set up an appointment with me asap in order that we can discuss if we are going for a second opinion or lump sum settlement. That is 7 weeks ago and me e-mails, telephone calls and a letter delivered personally to his office 2 weeks ago remains unanswered. I received a Workers Comp prescription drug card in the mail but cannot use it.

I am so impressed with the feedback given to me. I followed the advice given and contacted my attorney's secretary and calmly explained my worry and concern. She apologized for the delay and promised that my attorney will phone me within 2 days. He did just that and twice sent me an e-mail to apologize and since the insurance company failed to return any reply he is filing a request for a hearing this week to get a new doctor. I am surviving with my otc meds and am keeping the receipts for just in case. I will surely recommend this site to my friends.

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Attorney answers 3

Best Answer

I hate to hear you're having difficulties with a fellow member of the Bar. The above post about customer service is exactly right. Unfortunately, we get incredibly busy and tend to put out the hottest fires or the most expensive ones first. That is no excuse for not getting back in touch with your clients though. I make it a point to personally return every phone call within 24 hours.
Give your attorney a few more days if you can. Call and ask to speak to his assistant. Tell them you need to speak to them and that it is urgent. If they don't call you back after that, I would consider firing them. However, know that if you do fire them, there is a good chance they will file a lien on your claim making it difficult to find a second attorney to take your case. This is because the attorneys are only allowed to take 25% of any recovery in Georgia. So your current attorney and your new attorney, if it comes to that, will have to either work out a fee agreement, or fight it out before the Board.
As a side note, I would get a second opinion. FYI you are entitled to a one-time change in authorized treating physician to another doctor on the Employer's posted panel of physicians. Also, if you recently received income benefits, you are entitled to an IME with a doctor of your choice. Sounds like the first orthopedist sandbagged you.
Best of luck, and give your attorney one more chance if you are comfortable doing son.


If you can get a person on the phone at your attorney's office, set up an office appointment. If you still cannot get a response, you can get a second opinion or switch attorneys. It shouldn't cost you additional attorney fees.

Unfortunately, attorneys aren't always good at customer service. They should be. It's important to know that your attorney is staying on top of your case, and you need to have your calls returned and questions answered promptly. If you decide to look for a new attorney and you need a referral, feel free to give me a call. I'm an Illinois attorney, but I can recommend someone I know in your area. 1-800-807-9530.


Hopefully, you got in touch with your attorney. He/she should be answering your questions regarding your new issues. I do not see a problem with your family doctor prescribing medication. However, it might be difficult to get reimbursed later because the company doctor did not prescribe the medication. If you need the medication to get through the day, do what you have to do.