Legal Question in Workers Comp in California

My Attorney will pursue penalties despite my request

I was injured on the job that required surgery, hospitalization and permemant disability. The employer was negligent in that they waited for 3 months to file the claim and there were other things that the empolyer was required to do that they didn't do. I would like to receive the mamimum possible including any possible penalties as a result of the employers neglect. My attorney informed me that he will not pursue any penalties on my behalf, as he feels that the process isn't worth the monetary gain. However, in my mind, any monetary gain is beneficial to me at this point. Can the attorney just tell me that he will not do this; doesn't he is essence work for me and in my best interests? Also, this employer fired me once he realized that I would file a claim, he came up withy a lame reason but he and I both know that that he did this as a result of the claim. I doubt that I'll be able to go after him for that so that is why anything I can claim on this is worth it in my eyes and he should be penelized for his negligence. I've asked my attorney to postpone any further negotiations until I've looked into my rights further and if need be possibly locate another attorney. Please help with any advice.


Asked on 7/21/08, 12:10 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: My Attorney will pursue penalties despite my request

Filing a penalty petition is realtively easy. I file penalties because they generate bargaining chips which can be used to push through unusual types of medical treatment, accupuncture, or assist at settlement to address issues of overpayment. You might file one yourself with forms downloaded from the DIR WCAB forms page. Remember to use a proof of service. If you are unhappy with your attorney, you should probably seek another. As for the termination, there are issues to be reviewed, for a discrminatory termination can lead to a substantial increase in benefits, and in some cases reinstatement. You have only one year to file a claim relating to termination. I hope this helps.

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Answered on 7/22/08, 2:10 pm


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