Richlands, VA asked in Workers' Compensation for Virginia

Q: Should my husband get a new attorney

We first consulted an attorney in October 2017. At that time my husband was released to go back to work and his wage benefits were stopped. He was not able to work, it took us until April of this year to get him in to see a different doctor which worker's comp finally approved for him to do so. That doctor said he could not work his regular job and took him off work on April 13th. We gave his records to the lawyer and they were sent to worker's compensation also. The lawyer filed a change in condition on June 20th after my husband kept going to his office, then we got a letter on June 29th from the worker's compensation commission stating that they are referring the case for ADR. My husband took this letter to the lawyer's office to see what it meant, they said they hadn't even received the letter and the lawyer was out of town and she would get back with us. My question is should we get another attorney, this one seems to care less about us, my husband has no income since October 2017

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1 Lawyer Answer
Jerry Lutkenhaus
Jerry Lutkenhaus
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: When the doctor took him off work on April 13, 2018, the lawyer should have filed a change of condition claiming the doctor had taken him out of work. By waiting until June 20, 2018, the lawyer may have delayed things. If the doctor "only" took him out of work but did not say he was totally disabled your husband may have an obligation to look for light duty work within his work restrictions. You need to discuss this with your lawyer. You can certainly change lawyers; however, your current lawyer may file an attorney lien for the fees he thinks he may have earned.

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