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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5122
Experience:  Extensive experience representing employees and management
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I live in California and this question is regarding Workers

Resolved Question:

I live in California and this question is regarding Worker's Comp. My attorney is charging 30 percent and I attended an injured worker's seminar today. The I&A officer said that fee is very high and should be 15 percent. I am wondering what the norm is and whether I should try to negotiate a lower fee with the attorney. I'm also concerned because the attorney is only sending me to a chiropractor and the "therapy" only consists of lying on a bed with rollers and electric accupuncture treatments. The attorney has not sent me to a dentist or other specialists that pertain to my injuries. I don't believe I am receiving proper care that will support my claim.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

While 30% is a high number for attorney's fees for workers' compensation cases, it is not unheard of. Traditionally, workers' compensation fees are 20% and sometimes less than that.

You always have the discretion to terminate your attorney's representation, if you believe that you will be better served by obtaining a different attorney.

Also, since your attorney is not sending you to other specialistis who may be able to better treat and diagnosis your injuries, that would be an additional reason to consider terminating the attorney and obtaining different counsel.

Also, while chiropractors can actually help in treating certain back injuries, it seems that the treament that you're receiving is a bit on the suspicious side, and these treatments are often used in order to increase the bills for medical treatment, and are consequently viewed suspiciously by workers' compensation insurance carriers.

Customer: replied 2 years ago.
If I terminate the attorney won't I have to pay a lot of money to him for the medical appointments I have received so far?
Expert:  Joseph replied 2 years ago.
Who is currently paying for the medical appointments that you're receiving?
Customer: replied 2 years ago.
I don't know. The attorney is sending me to the chiropractor's office and they see a lot of Worker's Comp clients. Initially I paid for my own treatment before the attorney filed the claim. I believe the medical will be paid with the settlement.
Expert:  Joseph replied 2 years ago.
Yes, you would still be responsible for paying the costs of the chiropractor's office visits, but it would be covered by the settlement that you receive.
Customer: replied 2 years ago.
What about the current attorney's 30 percent? Will I have to pay him anything he is discharged before the settlement?
Expert:  Joseph replied 2 years ago.
No, as long as you receive permission from the court to discharge him, you wouldn't be responsible for paying the attorney's 30 percent. Additionally, since his fee may be considered unconscionable, it would be difficult for him to collect it.
Customer: replied 2 years ago.
How can I find an attorney who will send me to good medical providers and charge a reasonable fee? I hired this attorney because he supposedly has a very high success rate. However, I'm not feeling well and my medical problems are not being properly diagnosed or addressed.
Expert:  Joseph replied 2 years ago.
Unfortunately, I cannot provide you with any recommendations due to the rules of the site.

However, I suggest that you consult with an attorney online here:

http://www.lawyers.com/Workers-Compensation/California/browse-law-firms-by-city.html
Joseph, Lawyer
Satisfied Customers: 5122
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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