Legal Question in Workers Comp in California
Worker's Comp. Case
At my last job, I injured myself from heavy lifting. I only wanted the $2K to cover my medical costs. However, with that operation, I also had some other, personal, work done. The problem is the following: I was put through the most rigorous of depositions, and they're now requesting that I do one more. Even then, it's not for sure I would be compensated, and the employer is making a big case of it (my medical history is displayed for everyone to see. Very uncomfortable). I want to drop the whole thing. Emotionally I cannot handle the stress of another depositon or the stress of waiting to find out what they're trying to nail me for. Am I liable to my attorney for dropping the case in the middle? What are my rights? I truly cannot handle the stress and I rather take the money loss therefore. But, I haven't told my attorney (wonderful person but she made it sound like child's play and it's turning to be a prolonged nightmare). I would very much appreciate your advice.
3 Answers from Attorneys
Re: Worker's Comp. Case
you can dismiss your attorney at any time. Undoubtely the insurance carrier will want to settle your case for no disability if the medical costs are not too high. speak with the information and assistance office at the wcab where your case is filed.
Re: Worker's Comp. Case
Yes, you can drop the case without having to pay your attorney anything because her fee is a percentage of the permanent disability you might collect. But normally only one deposition is allowed, so unless you refused to answer some questions you need to find out why they can take a second deposition.
Re: Worker's Comp. Case
It sounds like they believe your claim was fraudulent, and might be trying to set you to be prosecuted for a workers compensation fraud case. If there is any basis for such a criminal charge to be brought against you, you do not want to be giving any more testimony under oath, and yes, you can drop your claim at any time.