Legal Question in Workers Comp in California
Is a Lawer always needed to settle a case?
I've been disabled for over a year, I've had two operations and hope to be able to go back to work in a month or two. My employer and I have not seen or talked to each other for over a year,I have received a letter informing me they would no longer be paying for my company health ins. and a letter from their work comp agent stating I no longer was employed with them and if I was interested in voc. rehab. I filled the form out indicating I was but I am going to phys. therepy two and sometimes three times a week. I have friends telling me I need to get a lawer but I have not been to happy with my dealings in the past with lawers. Can you tell me just what I should expect in way of gaining or losing with a lawer and with out. Also how much will a lawer receive or percent do they get? if I'm charged for phone calls and office supplies am I not intitled to a itemized billing receipt for services billed? Thanx.
2 Answers from Attorneys
Re: Is a Lawer always needed to settle a case?
The worker's compensation system is very adversial. The insuarance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you? Attorney fees are limited by law to 9% to 12% of the final settlement or award. Call me directly at (619) 222-3504.
Re: Is a Lawer always needed to settle a case?
No, an attorney is not always needed to settle a claim. One may obtain a better settlement with an attorney. It depends on the facts of the claim, the insurance company involved in the matter and the skills of the attorney handling the matter.
A WC attorney will obtain anywhere from 12 - 15% of the settlement. A wc attorney cannot charge you for expenses, phone calls etc.
If you have any other questions you can call me at 949 856 0852
Laurie Allread
Attorney at Law
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