Missplaced trust

[carguyinok]

What is the name of your state (only U.S. law)? Oklahoma

OK, so I was injured on the job and had been seeing a DR, that the work comp company had sent me to see. This DR. was not addressing everything that I needed and overlooking other injuries that I had from the same accident. Now knowing this was going to be a battle I hire an attorney. From the start I tell my attorney that I love my job and looking to protect it along with getting better. I had NEVER said one word of permanent disability or that I even had a thought that it could be the case. I told him that I was looking to get back the way I was before the accident and protecting my job.
Now, the first DR. had wrote me back into work as fine and that was not the case. This happened while I was with this attorney. He told me what we needed to do and how I needed to go about things for protecting myself, job,and my case. He told me how to handle things with my job and I followed his advice to the letter. Since I have seen 5 other DR. and all of them have said that I should be getting treatment for injuries and that I should be on work restrictions.
So, now I go and address my attorney’s paralegal with the fact that I feel that I should be seeing a payment of some kind for my time away from work and getting back to work under these restriction. She picks up the phone and calls another attorney that I had never met before. This is not the attorney in office next door. You know the one that I had hired and taken advice from. The guy " attorney" on the other end of the phone tells me “Sorry, but you quit your job and didn’t handle things the way they should have been handled. You will see payment for your injuries but it won’t be until you are given your permanent disability ratting. Now, in the mean time you should find a job within the restrictions and go to work. “
Turns out that the attorney that I met, hired, and taken advice from. He was only the head or lead attorney of the firm and knows very little about work comp law. So, now his bad advice has wasted the last 8 months of my life. It has cost me my job, house, car, motorcycles, boat, and my credit. Plus I am now going into bankruptcy. Now lets top it off with the fact that I have had NO treatment for my injuries and just a bunch of DR. notes saying that I am injured and should be getting treatment.
How do I go about this? This guy has cost me EVERYTHING over bad legal advice and misrepresenting himself. PLEASE HELP!!!! I need real advice for putting a game plan into action. I almost forgot, I do live in one of those little towns where the attorneys and judges play golf togather. So if it can be filed can I do that outside my county?
Thank you in advance.

[KJHOOK13]

Who instructed you to quit your job?

[carguyinok]

The first attorney that I spoke with and went into a contract with. Plus I had not walked in and said "I quit" His instructions where that I go in and tell my boss that I could not do everything that was being asked of me. At that point my boss not being upset and seeming understanding told me I could and should just go home. I went back and told my attorney what had happened and he said that was fine. Now a few days later I find that they had marked me as being fired for no call no show and mailed me everything for my 401K and sick time refunds. At this point I tell my attorney what has happened and he just gose into talking about getting my next DR. apt. set and tells me that it's just part of the battle and how things work. But not to worry.

[carguyinok]

Please help....

[carguyinok]

Anyone???? Almost 100 views and still nothing

[Ohiogal]

If you think he misrepped himself and acted unethically, file a grievance with the bar. Some of it however is on you -- your boss had a right to fire you. You should have showed up for work or called off each day. There were things you could have done to safeguard your job> Did you get a letter from the doctors saying you should be on work restriction and what those restrictions are to give to your employer?

[carguyinok]

"There were things you could have done to safeguard your job"
Like going as far as, hire an attorney and follow their advice?
I know that comes off on the side of smart azz. But it's what I did. I did what he told me to do when he told me to do it.
Thats how this whole thing got started. The DR. wrote me back in full without restrictions. This happened WHILE I had my attorney working for me. Thats why I hired him in the first place. For protecting my job and getting the treatment I need to recover and get better. Then go back to work. Now I have 5 other DR. notes saying that I shouldhave been on restrictions and getting treatment this whole time.
You bring up the Bar and filing with them & thats one of the reasons I am here. How dose a person go about that? Do I need another attorney for this? Will it do any good at all or is it pointless and a waste of time?

[Ohiogal]

Originally Posted by carguyinok

"There were things you could have done to safeguard your job"
Like going as far as, hire an attorney and follow their advice?
I know that comes off on the side of smart azz. But it's what I did. I did what he told me to do when he told me to do it.
Thats how this whole thing got started. The DR. wrote me back in full without restrictions. This happened WHILE I had my attorney working for me. Thats why I hired him in the first place. For protecting my job and getting the treatment I need to recover and get better. Then go back to work. Now I have 5 other DR. notes saying that I shouldhave been on restrictions and getting treatment this whole time.
You bring up the Bar and filing with them & thats one of the reasons I am here. How dose a person go about that? Do I need another attorney for this? Will it do any good at all or is it pointless and a waste of time?

Here is the problem -- you had a doctor saying you could work. That is the word that matters to the boss apparently. When did you get the 5 other Dr. notes and why did you go to FIVE other doctors?

What you do to file a grievance is call the local bar and ask them for grievance information. An attorney is not necessary. I don't know if it is pointless or a waste of time.

[quincy]

To file a grievance, you can go to [url]http://www.okbar.org/members/gencounsel/complain.pdf[/url].

Once a complaint is filed and received by the General Counsel of the Oklahoma Bar Association, the complaint will be reviewed. If the facts as stated could be a violation of the Rules of Professional Responsibility, then there will be an investigation. If the complaint shows there is no violation of the Rules, then your complaint will be considered an informal grievance and the attorney will get a copy of the complaint.

A complaint can be dismissed, a letter of admonishment may be sent as a warning to the attorney, there could be a private reprimand, or formal charges could be filed with the Supreme Court. The Supreme Court can dismiss the complaint, privately reprimand the attorney, publicly censure the attorney, suspend the attorney, disbar the attorney.

The Oklahoma Bar website has more information.

[carguyinok]

Thank you all so far. The reason for the 5 DR.'s is that I had seen 2 that specialized in my injurys on my own. One for my leg and one for my neck. Then the other 3 where court ordered DR.'s one for my leg another for my hip and the third for my neck.

So, if I file with the bar will this put me in a spot where I could need to show up at hearings? I ask this because I live hours from Oklahoma city.

[quincy]

The last question on the attorney grievance form (available at the link I provided above) is:

6. In the event a disciplinary hearing is held, would you be willing to appear and testify as a witness? Yes___ No___

If it is inconvenient, you can check "no." But your presence may make a difference.