Legal Question in Workers Comp in California

i was wondering..i sued my former employer over a job related injury which I was denied workman's comp,& eventually,upon my return to work,fired for a made-up petty accuazation.

I consulted a work comp./injury lawyer within a day of my injury,whom I found in the yellow pages.He said,at the consultation,that he would represent me pro bono.

After a few years waiting,of which,I did all the facts collecting,hosp.,Dr's reports,etc.-except for the Dr. he sent me to.

He came by one late evening & in a big rush told me to 'quick,sign this paper becuase otherwise I'd miss the stautes of limitations on filing.

I was leery,but having missed the filing,20 years prior,against the man who had brutally assualted & raped me,due to another attorney's faulty timing & missing the filing statutes, I signed where he said my signature was required.

The case had already dragged on for a few years. A month or so,after signing the paper,my workman's comp. attorney called me around 6 or 7 pm.one evening & told me I was to appear in court the following morning,it was finally the court date.

I don't own a car,so after getting dropped off,I finally found him.He had never discussed anything with me such as,if he'd had contact with my former employer,any offers,etc.

I had stipulated to him,from the beginning,my terms I wished for.Which were,1) compensation for the emergency bills,all treatment,& costs,including the travel costs,whatever they may be for my injury.2)My full workman's comp.for the 2 & 1/2 months I was off,due to the injury,& 3)my job reinstated,with recompensation for the time I would have been working those years & also $5.00 tips per hour added.

I was a waitress,& only worked 18/20 per week,so I felt this wasn't much to really ask for.

At the courthouse,he walked me to the coffeeshop,bought me coffee,& told me he'd be back as soon as possible.An hour went by,he came rushing up to me & looking dishevled a bit,with a stack of papers, & smiled & said,"I got you a great deal!,they only wanted to compensate you 4 or 5 & I got them to up it to 12."

I was confused & said "what? only $1200.00 ?? my bills were more than that!."

He smiled & said,'No! 12,000.00!"

I said,"what about my job,etc.?"

He said ,"we'll work out those details after you agree to the $12,000.00"

So as I thought I was suppose to be able to trust him,I said,'Cool."He said he'd go finish the details,then he'd be back.

Another hour & 1/2 went by,& he came in & sat down & said,sign here,here,here,etc. etc.

I was trying to read & kept inquiring as to what I was signing,& he said,"I got you covered.I know were all going to be happy."

He left & awhile later,came & got me & took me into a closed courtroom,

The usual court jibberish was said,then as the judge was mumbling the terms,he suddenly stopped mid sentence & looked directly at me & asked,"do you understand these terms?" I was in a daze by then after waiting almost all day,& said,'huh?" My lawyer immediately jumped in & said,Oh yes,judge."I was immediately ,'like...what??" But my attorney 'shushed' me,& said,I do the talking for you",so not ever having had a real attorney in my life in court,I shutup.

But the judge waived him away basically & asked me directly,'Do you understand & agree to these terms??" I started to ask ,"what terms exactly???"

But my attorney,jumped in & said,'yes,she does sir,I've explained them all to my client"& under his breath to me,"don't worry,I'll explain when we're done"

I always thought I couldn't speak outrigh in court,if 1 had an attorney,all was to be said through him/her.

So the case was done & we walked out,I immediately got out & pulled my attorney aside & inqiured as to what that was all about. & what was going on about me returning to work,etc. etc.

He then informed me that he agreed to the terms of a 1 lump sum settlement,$12,00.00- no job,nor could I ever apply at the restaurarnt chain again,Not only that...but he'd also agreed that I could never again file for any compensation from the pinched nerve I got in my accident at work!Which turned out to also includ no future medical costs!!!

Floored,I was shocked into a loss for words.He was by then,already in his mercedes driver seat & starting his car,telling me that his Dr.(who I deplored & had told him everytime I was forced to go see her incompident ***,said there wasn't hardly any nerve damage,blah,bla bla bla bla blah...then said,"you'll be recieving the check in the mail within a day or so!" & drove off.

I did-recieve the check-minus $4,000,(his fee) & never could get in touch except an occational email reply of 'Hi,I'm not really working on cases anymore due to illness inmy family..." And when I asked about the pro bono he'd said in the beginning,he informed me that I had signed the pay agreement the night he came drivng up & told me he was on his way to file before the statutes were in effect!

Now,it's been 5 years & I suffer from severe migraines,unbarable pain in my neck,arms & hands go numb all the time,& lots of stuff physically.I get so depressed at times,& although I have other depressing issues,the physical aspects weigh on me more.

Is there anything I can do after all this time?

I realize I was really stupid for not taking action,but I ,at that time was dealing with a lot more due to the loss of my only child & all of my immediate family in a short 3 year period,so as I said,I'm just dealing with what I can. I have means of insurance.the $8,000.00 I recieved was gone before I could think, & I don't know what to do.

Can I get someone,& if so who,& where,to help me?

Thank you,for listening,& I hope everyone has a nice Thanksgiving & holiday season,

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