Legal Question in Workers Comp in California

The previous answer I had prepared to your question appears to be floating some where in the ether.

If the deck had been constructed by another company could have two years from the date of the accident to sue them; you probably would have a good case because decks should not fall unless there was negligence in its construction. If the facts are such that you do have a "third party" law suit but your current attorney never mentioned it, he may be guilty of malpractice.

Iif your employer built the deck but failed to put in proper safety rails or violated safety rules in some other manner that caused your injuries or worsened them, then he might be liable for a 50% in the WC award for serious and willful misconduct.

You have very serious injuries. It would be foolish to try to settle your case before surgery and before your condition had become "permanent and stationary", that is you have reached the maximum level of reasonable improvement. Moreover, the insurance company will not settle until then as they do not know what you might be entitled to. The third barrier is that all settlements are reviewed by a WCAB judge and he/she should not accept the settlement. You need to use all the health care options available to make you feel and function better.

I would suggest you read the Nolo Press book on WC so you have a better idea what the system is about, how it operates, what additional benefits you might get, and whether your attorney is in fact doing a good job or not. You have the right to fire any attorney you want to; you do not need any reason and technically it should not increase the attorney fees you end up paying.