Legal Question in Workers Comp in California

I was injured on the job in California , hired an attorney and won a monetary award about ten years ago , The attorney has recently contacted me saying they still represent me and that the work comp

insurance company wants to offer me a lump sum settlement in lieu of future medical coverage . I didn't realise until now that I was still being represented by the attorney and have learned now that I have to file forms with the state in order to dismiss him . My question is do i really need the attorney any longer since my award was won and shiold I dismiss him ?


Asked on 6/30/10, 9:30 am

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

Given the fact pattern, even if you dismiss your attorney, you will not be paid the full benefit of any settlement until such time as the issue of payment to the attorney is resolved. He will probably file a lien upon dismissal, which may complicate or delay any settlement. Therefore, you can request that the attorney take a reduced fee depending upon the time and effort put into your case. Remember, comp. attorneys are underpaid overall because the legislature puts a limit on fees, so the WCAB is reluctant to cut an attorney out of fees. Try and negotiate an attorney fee as part of the settlement process.

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Answered on 6/30/10, 1:17 pm


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