Legal Question in Workers Comp in California

Attorney Responsibilitys

My case settled a few years back. The claims administrator for my Workers Comp. has notified me that they are finished paying me for my accident. I have questioned them on several occations about how they came to this conclusion as when I do the math they still owe me money. I have contacted the attorneys office who rep. me during the litigation and they seem to be ignoring the situation. So the question is are my attorneys supposed to represent me now or are they done once they get paid? I have moved to another state.


Asked on 9/23/08, 8:15 am

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: Attorney Responsibilitys

The quick answer is YES.

First of all they are still your attorney of record and in my opinion they should return your call.

I am assuming that you still have an award for "lifetime" medical care.

This is an easy issue to figure out though. Take a look at the settlement called Stipulations with Request for Award. That tells you what percentage of disability you sustained and how much the weekly payments are and the total they are to pay. Don't forget the attorney was entitled to a fee out of the total.

On the 2nd page it states how much the attorney fees are.

I would be happy to evaluate your case and if I can see the settlement documents, I can give you an explanation.

Of course, I DO NOT charge a fee for any consultations you may have. There may be a logical explanation, one of which could be that they shorted you. I am not sure if your percent of disability is over 70%, but if it is, you are entitled to a pension for life.

If you settled your case by way of Compromise and release those cases are normally settled for a "lump sum". Please contact me at my office or email me directly. If I could see the settlment documents I can explain. Or just look at the Stipulation and it states the first date they are to pay benefits and the weekly amount as well as the total sum owed to you. (Less attorney fees).

Thank you for your inquiry, and I would be happy to assist you.

My email address is: [email protected]

Samuel L. Salazar

Attorney at Law

Practice limited to Workers' Compensation and Social Security Law.

(Applicants only)

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Answered on 9/24/08, 8:54 am


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