WC offer

[Prisoner]

Wow! Thanks for responding everyone.

I went to my doctor for extreme anxiety, anxiety attacks, depression, etc. It was all work related from being harassed by coworkers. The doctor gave me paperwork to fill out and it was approved for State Disability (EDD in California). I was doing what was required, actively seeking treatment, sending doctor's extensions, etc. My work said that they never recieved my doctor extension which was faxed to them by my doctor's office...I have a letter stating that they faxed it, with no message stating it wasn't recieved and sent fine. They fired me under the grounds that I abandoned my job.
My attorney was excited, said great.. we'll sue for that too. So, I have Serious and Willful Misconduct charges against the employer and Wrongful Termination. I also have charges being investigated through DFEH (department of fair employment and housing), those charges are Retaliation and Discrimination.

So, yesterday was the day we went to "resolve" ONLY the Wrongful Termination in WC court. Of course they walk all around, we hear them bantering back and forth (wc court is the strangest animal) through the halls...they go in a room for a while and come out. My attorney told me that the judge says that the other claims are good, he sees great foundation for going forward with the charges...but since we hadn't filed for the WC (we filled out the WC forms on the 21st, the employer was given the paperwork on the 27th, I was fired on the 24th) we have no grounds to sue them in WC because at the time, the employer didn't know anything about WC. *I don't understand that part of the whole deal, because IMO I was on EDD, that IS disability and they DID terminate me wrongfully. My attorney says, "We'll probably lose if it gets in front of a judge".. Which is EXACT opposite of how he's been talking to me, it's alwayyyys been on the up and up, the whole time.
This is what happened yesterday.. the other attorney wrote up "we'll reinstate as an employee only to get benefits (with prejudice). And I have to drop all charges, as well as any charges being investigated by any other government agencies (DFEH)."
I'm going off of memory, but that's the whole shabang.
My attorney didn't even mention the fact about $$.. when I brought up all the money that I had to pay to keep COBRA going, my medicines, etc.. he says, "Oh, well how much was that..".. "we need proof". Which I have. Also, I went into the hospital overnight and have an outstanding bill of about $9500 (psych ward, not fun). I gave him that bill..
I said I don't agree with this at all. My attorney himmed and hawwed, I said that I want justice, etc. He says, "What? Is it worth waiting 10 months, 2 years to get...what? 100K? Is it worth it? You need to get yourself healthy (which I agree, but mygod, nothing??) This isn't going to be a million, maybe even less than 100K, it's not worth it".
I lost a job that I was highly exceeding at for many years, as a matter of fact I got a raise 1 month before the crap hit the fan with coworkers. Anyway, I got my vehicle repossessed because I couldn't make the payments so that's a sudden $9500 on collections, my credit is shot, I have a $9500 bill that is in collections from the hospital...and all I get is this offer? Not to mention, all that I have endured mentally. 100K would be fine...50K...25K...SOMETHING. But, by the offer that was given me yesterday, it didn't even mention $$.
When he sees the reluctance to agree and sign the paperwork, he spouts off with the "conflict of interest" and was ready to drop me right then (the way he was acting). I said, "well, you'll send me paperwork to look over? I'll wait for that...and see what I'm going to do".
Nothing has been signed yet and we have another court date for next month for the same issue. My attorney says, "it's just in case they don't want to sign (employer), but I'm sure they will..they should be happy because all the fees are being waived".

If I take the offer for medical coverage, it'll go straight to COBRA again..which is about $400 a month!! I can't even make the payments, so the offer is nothing. Also, since it's been a year..the coverage is going to be for a very, very small amount of time. Maybe a month. What is THAT going to do for me?

To end this post.. I came home yesterday and realized that he has all my original paperwork too. Including the doctor's notes, letters, evidence, etc. I really feel like he got a better offer from the multi-million dollar company and it's attorney.

I really feel duped, stupid, trapped and abused. I have no idea what to do..

[1171]

workers comp doesn't handle wrongful termination -- only work injuries and collaterally the serious & wilful and in some cases if there is a 132a discrimination filing.
you said they agreed to provide work comp benefits (this includes td, medical & pd if necessary). That's not "nothing":

we'll reinstate as an employee only to get benefits (with prejudice)
if you are re-instated doesn't that mean you still have a job?

sounds very confusing. you need to check with other attorneys.

[Prisoner]

Yes, it was a 132a.

I'm sorry, "nothing" is pretty dry. WC minus what I was given from EDD minus his 15%. The medical, as he even knows, would turn to COBRA.
Doing the quick math, even if WC would have paid $100 more a month than EDD, that's only $1200.

What's "with prejudice" mean?

I need to see the paperwork, but reinstatement to employee for benefits, not employment.

[genegene]

One of the attornies I talked to yesterday told me that it was unethical for him to talk to me about my case until I had fired the other attorney and gave me instructions on how to turn all info into WC...I assumed it was better to have one lined up before you fired the one you have so you wouldn't be without representative but apparently not.
1171: Will the WC talk to you if you represent yourself? The attorney I have now has made them so maad they won't return his phone calls, I don't see how it would be any different if I represent myself. Just wondering. You are so right about trusting your attorney. Right now I dont trust mine no further than I could throw him and that is an awful way to feel when they more or less have your future in their hands.

[1171]

gene:
legally they are required to communicate with an employee's representative even if it is the employee themselves.
Communication can take serveral forms including written correspondence and before a judge at trial or hearing. Whether they will choose to return phone calls or meet with you in person is not required.

yup
sometimes workers jump to attys before exhausting their administrative remedies. many states have strong ombudsman programs and lay representatives employed by the state to help resolve disputes with those who are unrepresented.

one other point: you can't "unlitigate" your case. Once the legal system has got you you can't get out. Representing yourself or dismissing your atty doesn't get you back out of the legal track.

[genegene]

1171: What does that mean, I can't get out of the legal system?

[1171]

genegene Wrote:1171: What does that mean, I can't get out of the legal system?

Your claim is considered "litigated" for as long as it exists -- the WCAB (comp court) has jurisdiction over all actions regarding your claim.
Administrative remedies are no longer available to you. You have to follow court procedures on all activities.

P.S. add your state to the location in your profile.

[genegene]

I'm sorry I couldn't get the profile page to cooperate with me. I'm from GA. So basically what you are saying is that because I had a lawyer they will still get their share of whatever settlement I might get even if I finish this mess by myself, right? I wish so many times that I had found this website when all this stuff happened in the first place. I sure would have been better prepared. As they say, "Live and learn, then you die and forget it all." Thanks so much for all the help.

[1171]

;)My answer above about the WCAB applied to prisoner's state --california-- but the legal system is similar in most other states in this regard. But yes, your prior atty should have filed a lien for their services that will have to be delt with when the legal case resolves. They are entitled to a fee for services rendered up until they were replaced.

[genegene]

Will they still get the 25% plus expenses out of the settlement even if they are not involved at the end? Just wondering....My first attorney sent me a bill for over 7,000 for 48.00 worth of expenses. I hate to see what the second one sends.