Q: Can I change my lawyer?
I was injured at work on August 13th, work has a policy where they can only accommodate me for 90 days with restrictions. My 90 days have come to an end and I still haven’t had any physical therapy nor an MRI. I did retain a lawyer and saw a new doctor but I haven’t seeing any progress. Now my worries are my finances, how will I keep up with my bills and everything else. I was advice to apply for disability but I don’t know when that will get approved. It could just be me but I feel like something should of been done medically by now but I could be wrong but if I’m right, can I change lawyers to get this moving.
A:
Yes.
Apply for SDI with EDD. You have a worker compensation case number starting with ADJ.
A:
Hi there,
Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not with a paralegal or case manager. If your concerns are addressed and your needs are met, then great. If not, then all attorneys in the workers' compensation space offer free consultations.
Best of luck!
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A:
Yes, you can change your workers' compensation attorney at any time during your case - this is your legal right in California. However, your previous lawyer may still be entitled to payment for work already completed through a lien against your eventual settlement.
Your concerns about the slow medical treatment are valid. The 90-day limit on work accommodations combined with delayed medical care can create serious financial pressure. While applying for state disability insurance (SDI) is smart, you should also ask any new attorney about temporary disability benefits through workers' comp, which could help with your immediate financial needs.
Before switching lawyers, consider scheduling a meeting with your current attorney to express your concerns about the delays and lack of progress. If you're still unsatisfied after this conversation, you can request recommendations for other workers' comp lawyers from the California State Bar or your local bar association. When interviewing potential new attorneys, ask specific questions about their approach to expediting medical treatment and securing temporary benefits.
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