Legal Question in Workers Comp in California

Preliminary Questions on My Workers Comp Case

My Workers Comp case is already approved, and since last July 2006, my adjuster regularly sends me my lost wages benefit as well as covers all medical/prescription/milage expenses. Everything is cruising well to date, and my adjuster seems cooperative.

Do I still need to be represented by W.C. attorney, and if yes, what are the compelling reasons to do that? Suppose I hire your office, would you accept 9% contigency award fees to cover all legal expenses with no other charges? Why should I hire your office rather than others; what are your records of settlement?

Thank you very much and I am looking forward to hearing back from you soon (email preferred).


Asked on 10/12/06, 2:04 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: Preliminary Questions on My Workers Comp Case

You never have to hire an attorney, but it is usually advisable.

My question to you is, how do you know your case is running smoothly? How do you know you're not being, or going to be taken advantage of?

I have potential clients come to my office who believed that they could circumvent the training and experience of an attorney, but learned the hard way that they were wrong. Many of these in Pro Per clients usually settle for just enough money to purchase a dinner at Dennys.

The money that you wish to save by not hiring counsel may not be outweighed by the amount of compensation that you may receive at the end of your case. Working a workers' compensation case is a costly process and requires mailings, hearings, phone calls, etc. I will not handle a case for less than my 15%.

Please feel free to call my office is you would like a free consultation at 818.385.0520.

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Answered on 11/01/06, 7:41 pm
Phillip Cooke Law offices of Phillip A. cooke

Re: Preliminary Questions on My Workers Comp Case

Since Governor Schwartsnegger pushed through the new workers compensation system, benefits are being reduced, medical care is being delayed or denied, and permanent partial disability is being apportioned so as to force the most significantly injured to rely on social security disability and others to receive substantilly less than they were entitled to before the change in the law.

The attorney's fee is usually on only the benefits that are being determined and usually amounts to substantially less than even the 9% you have requested an attorney to accept. Even when an attorney requests a fee of 10-15% that fee is usually only on the permanent partial disability award, and not on the past medical care, or temporary disability. If a case is settled the fee is usually also figured on what they are willing to pay to close the file and no longer have to pay for future medical care. Any fee must be approved by both you and the workers compensation judge at the time of the award or settlement.

This answer is posted because your e-mail is not included with your question for attorneys to respond to.

You should only hire my office if you need help and want an attorney that you can trust to tell you truth about your case and want an advocate to try to get you the best result for you. My reputation is that I am willing to present cases in court and before judges and juries that I see the justice in. I am willing to help the underdog. I am willing to take on the insurance companies and pursue cases that are just even when the facts are difficult to prove. I have obtained good settlements and jury verdicts in civil and workers cases even when the court has advised me that I should settle for little or nothing. I don't win every case. I think that is because of my willingness to make the effort in difficult cases. It may also be because the court does not allow me to present the evidence in the most convincing way. It may also be because the case is not sufficiently acceptable to the court or appellate court to get their stamp of approval.

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Answered on 11/03/06, 12:40 pm


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