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A workers' comp doctor can be sued for medical malpractice, just like any other doctor.
Generally, you are limited to workers' compensation benefits if you are hurt on the job. However, if your injury was caused by the negligence of someone other than your employer, you may be able to file a lawsuit against them.
The entire settlement process?from filing your claim to having the money in your hands?can take around 12-18 months depending on the details of your case and whether or not you have legal representation.
The Average Workers' Comp Settlement In California, the average workers' compensation settlement is two-thirds of your pre-tax wages. Research shows that the typical amount is between $2,000 and $20,000.
Q: What do I do when I fire my lawyer? Fill out the Substitution of Attorney-Civil (Form MC-050 ).Have someone 18 or older, NOT you, mail the other parties a copy of the Substitution of Attorney-Civil.Have the server fill out and sign the second page of the Substitution of Attorney-Civil (Form MC-050 ).
Your California workers' compensation attorney will likely be paid on a contingency fee basis for the legal services that they perform. An attorney who handles your workers' compensation case in California is allowed to charge a range of between 9% to 12%.
Your attorney might have a good explanation for what you perceive as substandard performance. But if you're convinced that your attorney isn't the right person to represent you, you can write, email, or call their office and simply state that you wish to terminate your attorney-client relationship.
While you do have legal rights and protections under California law from being dismissed because of injuries or disabilities related to your work injury, being on workers' compensation does not protect you from being fired or laid off.