“…legal representation can make a difference between a lifetime of impoverished living and return to normal lifestyle…..” DePaolo’s World – Thoughts and impressions on Workers’ compensation and Life: Can O’Worms
YEP. The legislated ability of non-performing attorneys to have liens on a case that hinders ability for competent replacement when initial attorney choices have been poorly made by ill-informed Injured Workers is a huge ethical problem.
That harms not only the injured workers, but taxpayers and the legal community.
The lack of knowledge of body parts, return to work strategies, obtaining medical care and competent providers, as well as lack of expertise in mediation and structured settlements is another gap in attorney performance that harms many.
It’s good for the defense side, though. They bank on it, don’t they? Isn’t that part of what keeps cases churning for years and years and years, with a little periodic hand-wringing by various ‘stakeholders’ about ain’t it awful for the poor injured, unemployed, disabled-by-comp workers? : (
When even the Information and Assistance Officers, (officers of the Court?) as in California, insist that WorkComp is an “adversarial system” that is yet another problem identified requiring complete transformation; barring transformation, complete and total demolition is required.
If there is no intention or will to provide “immediate, reasonable and appropriate medical care”…. why not just call it an extermination program, based on outcomes?
WorkComp Exterminations —– there’s little compensation for the Injured Workers, and too many PAY WITH THEIR LIVES after long, torturous ordeals. Most Injured Workers have the same story—-just different names and different body parts. Quite similar outcomes. Survey the real doctors. Ask the Super Lawyers.
When attorneys play a numbers game with the lives of injured workers, accept denials of medical care and benefits for years, in hopes the attorneys may ‘hit a jackpot’ on another case it seems to be not only ethical violations, but breach of fiduciary responsibilities of applicant attorneys, evidenced by the years and years (50 or 60 in CA?) of dismal outcomes for the injured workers and other taxpayers.
“It’s the proverbial can of worms and complete satisfaction is unattainable, at least in the current configuration of workers’ compensation.” – David DePaolo: Read the article here: Can O’Worms
YEP. THANKS DAVID DePAOLO! TIME FOR CHANGE!
My husband has finally gotten in front of a judge for a settlement hearing after almost 10 years. We often think our attorney is on the other side. We weren’t told we could have a witness other than me & when we asked if our friend of 40 years could testify he said “no, we don’t want it to sound rehearsed “.
Then he requested that I write a list of questions that he should ask me when I testify.
Comment on a Comment on The Original Post:
When you are represented, you are somewhat at the mercy of the party retained to represent you.
Ten years?!!! That’s not uncommon. If your attorney is asking you to do his/her job, that is very much a red flag. Same attorney for the entire 10 years? What outcome is this attorney preparing you for?
Best to have that conversation and understanding prior to getting in front of the judge, IMHO.
It might be worth a second opinion and A willingness to change counsel if you find a more responsive and proactive and prepared representative.
An alternative is to consider mediation and a structured settlement discussion PRIOR to the hearing. If your current Counsel’s negotiating skills are lacking, a mediator can possibly bridge that gap. Search LinkedIn for MEDIATORS and find ones with WorkComp expertise.
What State is the case in? How much time before the hearing?
There is a group called National Association of Injured and Disabled Workers with a wealth of other injured Workers willing to share experience strength hope and resources. Check them out!
Never give up. Help your husband protect himself and your family. The system does not protect and it sounds questionable that your current Counsel may be of much help. DO Your HOMEWORK. BE PREPARED for more of the same that you have already experienced in the past 10 years. Sorry.
Know that you are not alone and that many best wishes are coming your way from Injured Workers around the nation who know your pain! Let’s see who else weighs in with a kind word, hope, strategy or resources.
BLOG ABOUT IT! You can start a Blog with the question you posted and watch your network build! Settlement is not “the end” so continue to reach out for survival tips!
Take care of yourself and your family, and tell your story your friends and neighbors because
“WE ARE THE MEDIA NOW”
Remember Remember: Charles Romano, RIP
“Romano, if you recall, sustained an industrial injury and during the course of treatment incurred the infectious methicillin-resistant staphylococcus aureus that shut down his lungs and kidneys and paralyzed him below the shoulders.”
“Without a blog, an Injured Worker is UNARMED in the War On Workers” #Blog4Life, Freedom, Liberty & Justice for all.
Remember Remember…. We Are The Media Now.
WE DO NOT….FORGET.
Comments? Join the National Discussions. Here or there, because WE ARE THE MEDIA NOW
“Without a personal blog, an Injured Worker is unarmed in the War On Workers, #WoW!” – MyWorkCompCoach.com
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“Without a personal blog, an Injured Worker is unarmed in the War On Workers, #WoW!”