Illegal Workers Compensation Practices by Employer...

by Bruce
(Los Angeles)

I got injured on the job and my employer was threatening me with termination, saying "If you get one more incident you are going to terminated." This was said in front of the men at my job. I was being told this over and over again after this injury occurred.

The employer was claiming that filing this injury report on my part was intentional. My medical says otherwise with the MRI and doctor's notes.

I was constantly intimidated with these statements, not to mention management not complying with their own policies. They literally told me this even when I asked them what would happen if I get hurt. No incidents were allowed.

I could not file for workmans compensation until after I was terminated. And this was only because I talked to prepaid legal for advice. I could not tell them that I was injured at the time because I hadn't been terminated yet - only after I was released from employment.

I have one witness who acknowledges the wrong doing at the job. He did sign a statement in that regard. I also had to apply for Disability Insurance from the state.

The insurance for the Defendant employer did not pay and we are set to go to Trial for the third time to get back payments. The case was postponed three times.

I was told to think real hard of what amount of money I wanted to ask for. My attorney is an Ambulance Chaser firm and I hate it, I'd like to change because he has not been much help.

Any info you could give would be much appreciated, thanks.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Illegal Workers Compensation Practices by Employer...":

Bruce:

Los Angeles

As Attorneys we become concerned when we hear a prospective client call his Attorney an “Ambulance Chaser”.

Attorneys, like other professionals, are usually swamped with work, and as a result may not communicate effectively enough with their clients. Your Attorney is not billing you for the work she has done, is doing, and will continue to do as your representative. She will only receive her payment when and if she prevails in your case. If she doesn’t prevail, then all the work she has done will be for naught.

You certainly have the right to change personal injury attorneys at any time. Before you do we would first urge you to make an appointment with your Attorney. Sit with her and let her know how you're feeling and what questions you may have.

If, after the meeting you still believe your Attorney is not serving you well then you should seek new counsel.

Regarding the amount of money you have been asked to think about, your Attorney has probably asked you to think about an amount because she wants to know if you are being realistic. You may be thinking of a dollar figure which may be way too high, or in the alternative, much too low.

We urge you to follow her advice and think of a figure. It would be appropriate for you to advise her of the amount while you are meeting with her in her office.

From the facts you present it appears your employer may not have been fair to you. Regrettably, fairness doesn’t enter the picture when it comes to lawsuits and Workmans Compensation amounts.

We urge you to put your personal feelings about your employer and your Attorney aside and take a look at the matter from a whole new perspective. You may be happily surprised.

Best of Luck,

Law Guy