Legal Question in Workers Comp in California

I was terminated while on disability leave from injuries that I believe I sustained from work. My Workers Comp attorney did not tell me that I was a possible victim and in his retainer agreement stated that he wouldn't / couldn't represent me in that matter. Would he be obligated or responsible for pointing out to me that I could have been a possible victim for wrongful termination? I didn't know to file a 132a until I was well past the statute of limitations. I'm hearing different opinions from people about whether or not it was his responsibility or not. I'd like to hear from a real attorney.


Asked on 8/07/10, 8:10 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Even if an attorney states in writing that they are not representing you as to more than just the matters they state they are handling, they do have an obligation to inform you that you might have another cause of action that they will not be handling, especially when the matters are closely related. Frankly, I do not see why he would not handled a 132a claim. he should have warned you about the Statute of Limitations. So you might have a valid malpractice case against him, but you must show that you would have won the matter to establish that you suffered any damages.

For legal matters, you should not rely upon non-attorneys as they often are entirely wrong as to the law.

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Answered on 8/12/10, 11:38 pm


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