Workers Compenstation-Los Angeles?

Question

On workers compensatation for 3 1/2 yrs. Ready to settle and I understand that the overpayment to the company(privitae insurance) that I work for is going to be reimburse out of the settlement . I was not advise by my attorney until now. Is my attorney protecting my interest?

Answer 1

"Workers Compensation-Los Angeles? On workers compensation for 3 1/2 yrs. Ready to settle and I understand that the overpayment to the company (private insurance) that I work for is going to be reimbursed out of the settlement . I was not advise by my attorney until now. Is my attorney protecting my interest?"

There is no quick answer to your question.

What you describe is not uncommon in Workman's Compensation cases, and most attorneys will attempt to ensure that your settlement has been bumped up enough to at least partially compensate for that reduction out of your settlement. The fact is, you were paid over that period of time-- and ultimately did receive the money. The settlement total takes into account your overall condition and the amount you've already received is deducted. It's fair if you think about it. But recipients of lump sum settlements often complain because they were hoping to get paid along the way and still get paid even more later.

Your attorney should have explained the process earlier, but his failure to do so is not an indication that he's failing to represent or otherwise protect your interests.

What you should do is check to see if your contingency agreement with the attorney specifies that he'll get paid a percentage from the overall settlement or the net settlement amount you receive. You should argue for the latter and maybe even fight the attorney on it if the amount of money is significant enough.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Probably not much he can do about it. WC is pretty cut and dry. About the only to fight is to not 'need' the settlement. Otherwise they will have the advantage.