Legal Question in Workers Comp in Missouri

dissatisfied with attorney, injured knee

I injured my knee in 2004, had a patella realignment and ACL surgery. I retained an attorney but have not been satisfied with his efforts. I have constant problems with my knee and see a doctor frequently. I have been given injections in my knee several times, which helps for a while. My problem with my attorney is that he wants to settle to get his money and I want to get treatment. WC made an offer based on 10% disability but did not consider my ongoing treatment. Also, the doctor my attorney had me see (I had to pay $400 up front) for an opinion brought up that I had degenerative arthritis in my knee and therefore my injury and my problems since the accident are not related. I am continuing to see the doctor who did my surgery as he is also in my ''network''. I have changed jobs since the accident and was recently terminated due to inability to perform the tasks required of my position in a timely manner. I missed a number of hours attending physical therapy and doctor visits. I spoke to another attorney but he declined due to lack of time to devote to the case. I would like to fire my attorney, which I mentioned and he told me that I couldn't afford to pay him what I would owe him. What can I legally do?


Asked on 8/04/06, 12:59 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: dissatisfied with attorney, injured knee

You can always fire your attorney for any reason or no reason at all. In worker's compensation cases, most attorneys have a written fee agreement that provides for a contingency fee to be paid out of the recovery made on the client's behalf and the percentage has historically been set by statute at 25%. Many attorneys have doctors available for these cases who will also wait until the case is settled for their bill to be paid. If you have a fee agreement with this attorney and fire him, he can maintain a lien against any monetary recovery you get on the claim, but the fee he gets must be reasonable for services actually rendered and must be approved by the worker's compensation administrative law judge. I could refer you to the best worker's compensation lawyer in the state if you discharge your current attorny.

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Answered on 8/04/06, 2:08 pm


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