Should I drop my lawyer?

[Suzen]

What is the name of your state? Indiana

I had an accident back in June 2005, I herniated a lower disk, had nerve related issues and some damage in my leg, when my Manager told me to perform a task, not related to my job, and when I told her I needed extra hands, she said " I want you and ONLY YOU to do it!!!!". I then had to have back surgery, and it was there that someone broke my ribs on the operating table.

I asked for an attorney, to assist me through this final phase of the workers compensation process, approximately, right before I was given my MMI. It was at this time, that I had trouble obtaining some of my final TTD checks, mileage, and a few paid work days I missed in the second month of my injury, due to a back procedure.

I told this lawyer about my issues with the adjuster, and he assured he could help me get what I deserved. It took a little more than 80 days to receive my TTD checks, and the attorney got the adjustor to mail (only the missing TTD checks), ONLY after I told the lawyer that on the 90 day mark, I was going to file a complaint against the adjuster and her company with the states Workers Comp. Board. It seems as if everytime I call the attorneys office I have to leave voicemail that is only answered on a 1 out of 6 odds, and when it is answered, it is 1 to 2 weeks later.

I have an IME appointment coming up, and I asked my lawyer what added benefit could he request for me, during the settlement, based on the doctors findings. He stated that he couldn't request anything other than the doctor stating that I need more treatment.

In Indiana, I am only entitled to $13,000 based on my MMI report, but my lawyer is going to take 20% for his services..... WHAT services???? Is it worth it just to drop him, or can someone out there really try to help me gain some added benefits after the doctors opinion is rendered (Ex. pain management, additional treatment, help with my nerve in my ankle ((gives out and I fall down))?

WHY does one need a lawyer?? Will it hurt me financially if I drop him now? Also.... I have had added trouble, because when I was in surgery, the doctors broke my ribs (compression break). Since September, I have been in pain, and can not lay on my side or stomach, it hurts when coughing, and now I have a calsified lump growing on my rib (visible when looking at my side). The attorney stated that it was not worth trying to go after the doctors for malpractice for my rib, and the nerve damage (the doctors statement was....well nobody's perfect, and there is a good posibility he did not do the surgery, but let his PA work on me before he got there). The attorney said that the doctors would not settle, and it would cost me around 80K to go to court, and I only would get around 20K back.... It is really the odds for this kind of operating screw UP????

I am very angry that nobody even cares that I wake up throughout the night in pain, pain when I stand for too long, pain when I sit too long, fall down when walking or standing, lost my job because of my situation, etc.!!!

Please give me some advice!!!!

[weenor]

Malpractice- Indiana has very strict limits on malpractice actions associated with medical care. Your lawyer is probably right about any action against a doctor. Unless you prove that he breached the standard of care (through VERY expensive expert testimony) you have nothing.

As for the workers' compensation claim...drop your attorney if you want, but you need to understand that it is not a system designed to make you rich or completely healed..It is called the great "trade off" for a reason. Although your doctor apparently gave you a 30% impairment rating to the body as a whole, there are options with your non-scheduled injury to receive vocational impairment in the event you cannot return to your regular work. However, please note that under the w/c system there is no compensation for pain and suffering...so get that out of your head.