Legal Question in Workers Comp in North Carolina

i got a lawyer 12/2008 when i got hurt on the job. they have done nothing satisfactory on my case but pass me around the office to a different paralegal and different lawyer every time i call.

went to mediation and was totally dissatisfied with his performance. at this stage of the game, can i hire another attorney since i have paid nothing but he is to receive his 1/3 from the results.

at mediation, couldn't figure out whose side he was on - mine or wc? ha! ha! after all i have been thru and had one doctor rate me 5% and another doctor rated me 14%. the doctor forced me to return to my job of 25 years without doing any work capacity test, etc. my leg has a rod and 7 plates inside. my ankle injury from auto wreck 2/24/02 has gotten worse since my last injury and all the walking that i do at work.

what can i do at this point? i really want another attorney.


Asked on 10/12/10, 6:57 am

1 Answer from Attorneys
Bob Bollinger Bollinger Law Firm PC

You can always get a new lawyer, but your old one will have a claim for part of the legal fee, so that may make it hard for you to find a new lawyer to take the case.

And the fee is "1/3" on a work comp case in NC? Normally, the NC Industrial Commission will only allow a lawyer to have a fee of 1/4 on a work comp case. You may want to check your written contract with the lawyer. The 1/3 fee may apply only to the third party claim, if you have one. Check your contract.

And entering into a clincher agreement settlement may not be in YOUR best interest at this point, if your injury is getting worse. You could have future disability, and you will lose the right to be compensated for that if you accept a clincher. I think a client should always be concerned about whether your lawyer is working in your best interests.

Read more
Answered on 10/24/10, 11:12 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in North Carolina