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Should I listen to my attorney?
#1
So I feel like I'm cornered and have no where to go and don't know what to do so I would like some advice. If you want some context then read the following paragraphs or just skip to the last one for my actual questions, thank you for your time.

I had an accident on the job when I was 20. Injured my lower back and have had countless therapy sessions, injections and one surgery. My surgery left me with side effects which haven't gone away so I declined a second surgery when the doctor recommended me so even though I needed it, I wanted to have some more time to heal correctly before I considered a new surgery so I was just staying at home resting. I asked my lawyer to settle my case to be able to pay my debts and be able to decide what to do with patience. However, I feel my lawyer played me dirty. The judge said I should look for work and provide proof but my lawyer told me he was going to appeal and that I shouldn't do so. When I faced the judge at my next hearing, he was upset because I didn't do what he told me to so he suspended my payments even though 2 surgeons said I was a candidate for a second surgery. So now my lawyer tells me I have two options. First is to continue with the appeal process which he said would take 6 months or more and I wouldn't get paid during that time or to look for a job for at least a month and then they could request a hearing to get my payments back but that I had no choice. To be honest, I'm not ready to work, I can't sit for long periods of time or can't stand for long periods of time, only thing that lets me go by each day is resting at home. If I go out, then I get cramps or my feet or toes get really numb or tingling without mentioning that I also get way more pain and he wants me to work.
My lawyer said my last option would be to settle my case which I would be looking at $33k without taking into account his fees and I would have to surrender all my medical benefits. So here are my questions and highlights of my case.

New York State
I was 20 initially and now I'm 25.
I got lower back surgery and other treatment for lower back
I can get a second surgery based on two surgeons I went to
I gained 80 pounds since my injury and I'm still not fully recovered

I feel my lawyer sold me out, is there anything i can do? Is $33k really what i should get based on being in workers comp for 5 years? Lawyer also said if I get surgery without looking for a job first to get my payments again then I wouldn't get paid so is that really so?
Thank you to anyone that can give me advise or answer any questions
 
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#2
If you don’t trust your lawyer, talk to a few others any consider switching; many workers switch attys.
Any fee will be split among them.
You can file a complaint with the state bar:
https://www.nycbar.org/for-the-public/ab...judges-how
Attys also have malpractice insurance; you can discuss filing such a claim with any other attys you talk to.
In new york unless you are totally disabled you must look for work:
“ If you have a partial disability, you must still look for and accept work you can do. Contact your employer to see if you can return to your job. Let your employer know if you need any changes so that you can do your job. Ask if you can be offered some other work to ease your return to work. If your wages are reduced as a result of your disability, you may be eligible for a "reduced earnings" benefit. You could lose your benefits if you fail to make a good faith effort to return to work. This is called "Voluntary Withdrawal from the Labor Market."
http://www.wcb.ny.gov/content/main/Retur...mphlet.jsp
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
(02-14-2020, 09:36 PM)1171 Wrote: If you don’t trust your lawyer, talk to a few others any consider switching; many workers switch attys.
Any fee will be split among them.
You can file a complaint with the state bar:
https://www.nycbar.org/for-the-public/ab...judges-how
Attys also have malpractice insurance; you can discuss filing such a claim with any other attys you talk to.
In new york unless you are totally disabled you must look for work:
“ If you have a partial disability, you must still look for and accept work you can do. Contact your employer to see if you can return to your job. Let your employer know if you need any changes so that you can do your job. Ask if you can be offered some other work to ease your return to work. If your wages are reduced as a result of your disability, you may be eligible for a "reduced earnings" benefit. You could lose your benefits if you fail to make a good faith effort to return to work. This is called "Voluntary Withdrawal from the Labor Market."
http://www.wcb.ny.gov/content/main/Retur...mphlet.jsp


I've contacted a few others and they don't seem to be interested because of where my current case is currently at so not sure what to do. They say that they split the fees but if I settle, they wouldn't make much as my other lawyer was 5 years with my case. Do you know of any good attorney you could recommend? Based on the highlights of my case, is the amount my attorney telling me correct?
 
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#4
You can try here: wilg.org.
There is no way highlights can be used to determine a settlement amount. Settlements are negotiated and often end up different thent where they started.
You can find new yorks impairment guidelines here
http://www.wcb.ny.gov/content/main/hcpp/...erview.jsp
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


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