Q: Who is responsible for paying for medical reports from your own doctor needed for a work comp hearing?
My lawyer is draining me dry first she made a mistake calculating my comp and I was overpaid and she is taking 50 dollars a week.now we need a medical report from my doctor and she's trying to get an additional 100 a month for that even though she swears up and down they are gonna settle at mediation.I also think the offer she is giving them is too high and she's stalling the settlement process.
A: Who is responsible for the cost of medical records and reports should be set forth in your fee agreement with your lawyer. Many firms advance the costs but many do not, and some advance in part which sounds like your situation. From your post it looks like your lawyer paid the cost of the report for you and is allowing you to pay her back in monthly installments rather than requiring the money all at once. If your fee agreement states that you are responsible for costs, she may actually be viewing this as her doing you a favor. As to the $50 per week, a 20% weekly fee coming out of your workers' compensation check is fairly standard.
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