Q: Misrepresentation
I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits because I end up quitting.
But I had to because I had to help. I didn’t get surgery for my foot until Oct-22-2020. I have six screws in my foot and I lost my arch support. The person who ran me over drug test came back positive for cocaine. My workers Comp lawyer told me that my case wasn’t worth more than twenty thousand dollars. Is that true? My orthopedic surgeon put me on permanent disability with a seven percentage of MMI.
I ended taking the offer of twenty thousands because he told me that my amount will drop as the days goes by if I’m taking long to decide. Now that my case is done, my podiatrist told me that I have to get a second surgery. Can I sue my lawyer for misrepresentation
A: Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).
A:
In terms of the funding for the second necessary surgery, one option could be to look into public health agency coverage. In terms of the declaration of a permanent disability by your orthopedic surgery, that could be something to explore further with an attorney who handles disability claims. In terms of the issue you raise on misrepresentation, a law firm might need to discuss with you in detail before answering or offering an opinion. Good luck
Tim Akpinar
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