febdeb Wrote:My husband suffered a back injury from a car accident 20 years ago. He settled and went on to work for 15 years with no problems. Then he injured his back at work which required 2 surgeries. After his second surgery, his doctor denied his request for an MRI or X-ray after. He felt like the surgery did not go well and wanted a second opinion. That was denied as well. His doctor released him with no restrictions and rated him without him being physically present. He found a new job and was recently re-injured. His lawyer is pressuring him to settle quickly for a low ammount. He( the lawyer) wants him to open a new workers comp with the new company. My husband does not feel like that is fair and he is afraid he will be left with no coverage for the new injury. His former company is claiming since he recieved a settlement (for the car accident 20 years ago) that he owes them this money. I honestly don't feel his lawyer has his best interest at heart and just wants to cut his losses. If he were to fire his lawyer, would he have to pay him anything? The second problem is that he has not filed a workers comp claim at the new job (since he already has a case open with the old employer) and only has 18 days ( I believe) . If he tries to claim the injury as a continuation of the injury from his open workers comp claim, they are sure to blame it on his new employer. I feel like what has happened is very unfair and we are between a rock and a hard place.

Timothy Belt Wrote:What state?

febdeb Wrote:My husband suffered a back injury from a car accident 20 years ago. He settled and went on to work for 15 years with no problems. Then he injured his back at work which required 2 surgeries. After his second surgery, his doctor denied his request for an MRI or X-ray after. He felt like the surgery did not go well and wanted a second opinion. That was denied as well. His doctor released him with no restrictions and rated him without him being physically present. He found a new job and was recently re-injured. His lawyer is pressuring him to settle quickly for a low ammount. He( the lawyer) wants him to open a new workers comp with the new company. My husband does not feel like that is fair and he is afraid he will be left with no coverage for the new injury. His former company is claiming since he recieved a settlement (for the car accident 20 years ago) that he owes them this money. I honestly don't feel his lawyer has his best interest at heart and just wants to cut his losses. If he were to fire his lawyer, would he have to pay him anything? The second problem is that he has not filed a workers comp claim at the new job (since he already has a case open with the old employer) and only has 18 days ( I believe) . If he tries to claim the injury as a continuation of the injury from his open workers comp claim, they are sure to blame it on his new employer. I feel like what has happened is very unfair and we are between a rock and a hard place.

1171 Wrote:yes, the lawyer is entitled to be paid for services up to the time the new atty takes over.
he can change attys at any time.

jaspell Wrote:Why dont the posters on these boards ever trust their lawyers?

Your lawyer is right. The employer for the most recent injury is likely responsible for the whole enchilada. Read the Hatt decision. Workers compensation law can be very complicated. There are no cut and dried answers. If you disagree with your lawyer's advice, get a 2nd opinion from a lawyer, not some message board. You cant go into a hearing and say,"well Commissioner, Joe Bloke on a message board told me I will win so I must be right."

Asking non lawyers for legal advice is not very wise IMHO.