Problem With Weekly Wage Loss Payments

[Worriedone]

I have been on workmans comp for a year now, just reached MMI and can't return to my former job. I was making 30 per hour and the IC has only been paying me what amounts to about half of that in my weekly checks. I switched lawyers 3 months ago because he kept blowing me off to get a wage check. So when I signed with my current attorney he promised he would get my wage check fixed and I would be getting what I should of been getting. Now it's been 3 months and he says he has requested my wage information from the IC and they wont respond. Shouldn't he subpeona this information or go in front of a arbitrator and get it fixed? Now everytime I call him he's rude and says he's got a big trial coming up like I'm bothering him and it's been 3 months and still hasn't fixed my weekly checks amount. Can I switch lawyers again>> I will be getting a wage differential settlement but until then I should be getting more in my weekly checks. What do you think?

[BvIA]

You can change attys any time, any time you can find one to take over your claim. Because you don't feel your atty is acting fast enough though could be reason to be labled ''difficult'', WC is a very small community, the parties are familiar with each other and any new atty will call your current one to find out a reason you are switching...again.

The carrier based your weekly TD benefit amount on the wage statement provided by your ER. If you have documentation to prove the rate is wrong, you submit that to the carrier with a request/deman for a change to the correct rate. But you need to provide the info you are asking them to give to you.

You're right, there could be need to take the issues to hearing with a judge/moderator.

It would help when you post in the general boards to provide your state, comp laws are state specific and responses may or may not pertain to your situation.