workers compensation

[snowman45106]

What is the name of your state?AZ
Can anyone tell me if I need a new lawyer. On october 23,2023 I was a security guard and was assualted by a homeless man. I was in the hospital for almost 2 weeks
and when I got out my boss told me they would not pay me any more unless I came back to work so I did even though I had broken ribs and had suffered a collapsed lung.
About two weeks into the job I was terminated from my job and when I asked why they said I had damaged their car I drove. I had an incident happen to me a couple of days before in which a car coming into the shopping center was moving very fas and I speeded up to avoid it but the right weel hit the curb and a hubcap came off and that was all. My present lawyer wants me to take a small settlement now and than I would get more money later but I don't like that as I would never be able to move to another location that is a safer area so what should I do.

 

[cbg]

I don't know if you "need" another lawyer or not. But if you no longer have faith in your current lawyer you should at the very least consult with another one.

 

[quincy]

Here is a link to your previous thread about your workplace assault:

https://forum.freeadvice.com/threads/workers-compensation.664508/

In that thread, you were wondering if you could borrow money from your attorney. It is important to note that, although you can always decide to replace an attorney with another one, you are still responsible for paying the dismissed attorney any money s/he is owed for services already rendered and, potentially, pay a percentage of any settlement reached that he had some involvement in structuring. Finding a new attorney, in other words, does not relieve you of your debt to your current attorney.

Although you will need to read over your contract with your attorney to see what it says about terminating your relationship with the attorney, here is also a link to the Rules of Professional Conduct on Terminating Representation (See Rule 1.16 Discharge [5]):
https://www.azbar.org/for-legal-professionals/ethics/rules-of-professional-conduct/?r=Y&RuleId=35&rule=1.6 Declining or Terminating Representation

 

[adjusterjack]

Can anyone tell me if I need a new lawyer. On october 23,2023 I was a security guard and was assualted by a homeless man. I was in the hospital for almost 2 weeks
and when I got out my boss told me they would not pay me any more unless I came back to work so I did even though I had broken ribs and had suffered a collapsed lung.
About two weeks into the job I was terminated from my job

I have lived in AZ for 53 years, been in the insurance industry for decades until I retired, and my ex-wife was a workers compensation claims manager.

Your boss acted illegally by not filing a workers compensation claim for you when you were injured, and even more so when he coerced you into returning to work and firing you two weeks later.

It's something the AZ Workers Compensation Commission would like to know about:

Claims - Workers' Compensation - General Information | Industrial Commission of Arizona

You might still get assistance by filing a claim there.

Workers compensation would have paid you 66 2/3 of your wages until you were physically able to go back to work.

My question:

Is your attorney a workers compensation attorney (a specialty) or something else, like personal injury?

Workers compensation attorneys are limited in their fees by statute, where personal injury attorneys aren't.

 

[LdiJ]

I have lived in AZ for 53 years, been in the insurance industry for decades until I retired, and my ex-wife was a workers compensation claims manager.

Your boss acted illegally by not filing a workers compensation claim for you when you were injured, and even more so when he coerced you into returning to work and firing you two weeks later.

It's something the AZ Workers Compensation Commission would like to know about:

Claims - Workers' Compensation - General Information | Industrial Commission of Arizona

You might still get assistance by filing a claim there.

Workers compensation would have paid you 66 2/3 of your wages until you were physically able to go back to work.

My question:

Is your attorney a workers compensation attorney (a specialty) or something else, like personal injury?

Workers compensation attorneys are limited in their fees by statute, where personal injury attorneys aren't.

I suspect that the boss illegally did not have worker's compensation insurance, and that is why he/she did not make a claim. It is also possible that he/she is just one of those people that tries to avoid making insurance claims at all costs, but that is less likely. Also, security guards are often treated as independent contractors as well (even when not appropriate to do so) and that could also effect things.

I also suspect that the boss is probably operating on somewhat of a shoe string hence the offer to settle for a little bit of money now and more later (which may or may not ever happen).

 

[cbg]

Oh dear God I just realized who this was. Post hx, everyone.

OP, the bottom line is, you need a workers comp attorney.

 

[quincy]

… OP, the bottom line is, you need a workers comp attorney.

Snowman probably should have one on speed dial.