My question is this: How many of you have a opinion of Worker Compensation Lawyers working together between themselves and not for the client that they are supposed to represent. My lawyer keeps telling me that I should settled and I keep telling her "no".
Eveytime my case comes up for trail my lawyer calls me up the day before hand to tell me that my case has been delayed again. As far as the reasons for the delays it always something from they want more doctors reports or whatever.
The point that I am trying to make here is "how many of you that have had experience with worker compensation feel the same as I do,"that as long as your not willing to settle your own layer will try to delay it as long as possible till either you do settle and they get there gaurteened share or if not the longer it gets drag on the more the lawyer gets till it gets to court.
In my case I have told my lawyer that all I what is to get operated on and move on with my life, but I still want to hold the company responsible for my arm. The lawyer says "Just take the money that there offering you and have it done", but that means that there won't be a job for me when it's done and why should I let my employer off the hook that easy. Is there a number of times in Mi. that one's trail can be delayed?
By the time my next court date comes up it will be 2 years from the time that the lawyer filed. Don't tell me to find a different lawyer since it will just drag the process ever longer and I want it to come to a end.

skychief, money talks so I ask if your lawyer has been paid for his/her time to date ?

Tickle,

Yes, that's true money does talk, but in Michigan the lawyer only gets paid if he or she wins the case and the amount is a percentage so the longer it's held out there the more the lawyer receives.
I would be more than happy to hire a lawyer and pay by the hour. In Michigan that's not how it is done in workers compensation cases.

If you are not willing to settle for whatever amount the company is offering and the other side keeps asking for more paperwork from you, then it is essentially you who are making this thing continue on and on - not them. If you think 2 years is a long time, try 4 or 5 years waiting to settle a WC case. You are way too impatient. Delays happen in regular court as well as WC hearings. Is there any reason you don't want to settle now versus later on? Do you think you will get more money if you have an operation? Do you really think you're going to be able to continue working for that company once you have an operation and do go back to work for them? I am sure that they will figure out a way to terminate you even if you do go back to work for them. Not knowing how you were injured or the severity of your injury, if you are operated on it could be many months of recuperation ahead of you before you can return to work. If WC is willing to pay for your arm operation and give you a cash award, what is the problem with settling now?

And no, attorneys don't work that way with WC cases. They are fighting for all the benefit money and medical benefits they can get for you as the more money they get for you the more their percentage is in the end. So far I'll bet the attorney has worked for free on your case without so much as a dime from you. Please don't be so impatient with your attorney but talk to him and seriously weigh the offers that he has for you and fully discuss each offer.

My question is this: How many of you have a opinion of Worker Compensation Lawyers working together between themselves and not for the client that they are supposed to represent. My lawyer keeps telling me that I should settled and I keep telling her "no".
eveytime my case comes up for trail my lawyer calls me up the day before hand to tell me that my case has been delayed again. As far as the reasons for the delays it always something from they want more doctors reports or whatever.
The point that I am trying to make here is "how many of you that have had experience with worker compensation feel the same as I do,"that as long as your not willing to settle your own layer will try to delay it as long as possible till either you do settle and they get there gaurteened share or if not the longer it gets drag on the more the lawyer gets till it gets to court.
In my case I have told my lawyer that all I what is to get operated on and move on with my life, but I still want to hold the company responsible for my arm. The lawyer says "Just take the money that there offering you and have it done", but that means that there won't be a job for me when it's done and why should I let my employer off the hook that easy. Is there a number of times in Mi., that one's trail can be delayed?
By the time my next court date comes up it will be 2 years from the time that the lawyer filed. Don't tell me to find a different lawyer since it will just drag the process ever longer and I want it to come to a end.
WC cases pay nothing compared to other cases and I never understand why Attorneys accept them in the first place.

I'm sure there are maverick Attorneys but it sounds like you are delaying the case by not accepting what your Attorney feels is a good offer.

WC is not necessarily going to make you rich or even whole. That's just how it is. Unfortunately. Do you have a third-party action for your injury?

Twinkdooter,

No, I don't want to settled,the reason being is that if I hurt myself at work they should pay for the operation and get me back into the workplace or find me a job with my restrictions.
I am not at home hoping for a hugh settlement I just want to get back to work. I was not the one that said I couldn't work the company said that there was no work with these restrictions. If this is the case then either fix the injury or find me a job that will honor my restrictions, don't try to starve a family into a settlement that I don't want.
The injury happen at work,there is a report made on it, the MRI show the tears in the arm. Another point that I want to make is that the doctor said the longer the operation is put off the sooner arthtis will set in. So with all this factor in : proof of the injury,where it happened, my willingness to get back to work and feed my family and my telling my lawyer that I am not going to settle why should it not go to trail and be trailed no with no further delays.

Actually no they pay for the medical bill and lost work and if you can not return, they offer a settlement. Unless your insurance company has a work return program finding you a job is never part of it.

And no often they will push these things out 4 , 6, even 10 years, I had one go almost 10 years and it was finally settled in the back of the court room the day of the case.

There has to be a better lawyer... Try looking for an alternative since that lawyer may be giving up for something that may be happening behind the scenes.

Hello sky:

I don't know about your case, but I think you have waaaaay too many expectations. I think you want MORE than you're ever going to get. So, as long as you want THAT, you're probably not going to get anything.

By the way, if you CHANGE lawyers now, your old lawyer will expect to be paid NOW, and IN CASH.

excon

Twinkdooter,

No, I don't want to settled,the reason being is that if i hurt myself at work they should pay for the operation and get me back into the workplace or find me a job with my restrictions.
I am not at home hoping for a hugh settlement I just want to get back to work. i was not the one that said I couldn't work the company said that there was no work with these restrictions. If this is the case then either fix the injury or find me a job that will honor my restrictions, don't try to starve a family into a settlement that I don't want.
The injury happen at work,there is a report made on it, the MRI show the tears in the arm. Another point that I want to make is that the doctor said the longer the operation is put off the sooner arthtis will set in. So with all this factor in : proof of the injury,where it happened, my willingness to get back to work and feed my family and my telling my lawyer that I am not going to settle why should it not go to trail and be trailed no with no futher delays.


It's pretty much by Statute - a broken leg is worth this much; a brain injury is worth that much. Not a lot of room to negotiate with WC.

In Michigan as far as I know there is no set amount for a injury. It mostly goes by your earnings and the length of time off.I hope people on here understand that I am not looking for some high money award. I want to get my arm fixed and move on getting back in the workplace,but since this injury happen at work this operation should fall on there hands. If I go on my own and have it done there if there is further complications then what. I appericate everyone's input, but why should this take this long? Because I am holding my ground? And won't make it easier for the company? If I was convicted of a crime the trail would be in a few months.
As far as getting another lawyer I don't think I would have to pay this one any money according to Mi law if I could show the judge that no progress is being made, but it would no doubt be the same long road as this has been. I am just trying to state that it just isn't right when there is worker compensation laws out there but whit all the games that are played in the courtroom. Here I am 35 years old in the prime of my life and I am sitting on my but when I should be working out there just like you,but because of the law system I have to wait and the longer this goes on the more I lose.

Since I have never met your lawyer I can't say whether he/she is a good one or not. I have been subject (or rather the company I work for) to a shoddy lawyer that only wanted to settle and collect his fee and I have also had counsel from a very good lawyer that worked his tush off to help us. You will have to make that decision on your own, I'm afraid.

If you believe you have a good lawyer, then it is his duty to advise you if the settlement seems fair. If the injury is as bad as you suggest, you might want to take this time while you are waiting for trial to get some online education and/or training in a new field if you cannot return to your own. In 2 years you could have an Associates Degree. You obviously know how to operate a computer - the IT field is exploding and network admins are in demand.

Cases like this take on a siege mentality. The side which has more to lose will drag out the proceedings as long as possible. They hope to wear down your resolve so you will settle. Weigh the facts, listen to your counsel and make the decision that will serve you best. Good luck!

If you believe you have a good lawyer, then it is his duty to advise you if the settlement seems fair. If the injury is as bad as you suggest, you might want to take this time while you are waiting for trial to get some online education and/or training in a new field if you cannot return to your own. In 2 years you could have an Associates Degree. You obviously know how to operate a computer - the IT field is exploding and network admins are in demand.

I'm not sure that the injury is the problem. The problem, from what I read, is that it appears that there is no job that the OP can do at the company with the residual affects of the injury. The OP seems to be asking for help with finding a new job, or training for one. And that's not something that I think that workmen's comp is supposed to cover. Which means that this may drag on forever, since the company is not likely to ever agree to pay for something that they don't have to legally.

I'm not sure that the injury is the problem. The problem, from what I read, is that it appears that there is no job that the OP can do at the company with the residual affects of the injury. The OP seems to be asking for help with finding a new job, or training for one. And that's not something that I think that workmen's comp is supposed to cover. Which means that this may drag on forever, since the company is not likely to ever agree to pay for something that they don't have to legally.


I agree the company has no obligation to pay for retraining or finding a new job. The OP is young - too young to just sit around and wait for something to happen, IMO. It could take several more years for this to play out.

My suggestion was for the OP to move on and find something that he can do and not wait for something that may or may not happen. I'm a Navy Wife and have been trained to hurry and wait - but I have also learned how to make use of the time waiting to prepare for the next task.

In Ontario it's the Unemployment Insurance Commission that pays for training for people, and I might add, the jobs they pay to have you train for are ones that will give you a good steady income that is pretty much stable and not subject to fluctuation by an employer. Workmens' Compensation here pays you while you are off with an injury,mind you they don't make the paperwork easy, but at least one has an income while waiting.

I don't know how it works in the US.

WC cases pay nothing compared to other cases and I never understand why Attorneys accept them in the first place.

I'm sure there are maverick Attorneys but it sounds like you are delaying the case by not accepting what your Attorney feels is a good offer.

WC is not necessarily going to make you rich or even whole. That's just how it is. Unfortunately. Do you have a third-party action for your injury?
Workers compensation lawyers do the work because it is incredibly easy and repetetive to the extent that an office can be run with 2 lawyers and 10 paralegals doing all the work. Where a lawyer in my field (personal injury/medical malpractice) may be able to handle a caseload of 80 cases, a typical WC attorney can handle 300+. It is a numbers game and WC firms are usually run like a mill, with very little attention paid to any one case, and an emphasis on rushing through cases to get paid.

That's the problem,even though I gotten a lot of response for this question if you don't live in Michigan you have a hard time knowing what is going on here. I am going to college for classes that I hope I will be able to pursue a degree in. In the end though if my arm is not operated on then the possibility of me finding work is slim. As far as my employer there is a lot of work there that I could be doing that they have available,but until this lawsuit runs it course they won't give me a job there. If the case went to court tomorrow, and I won I would be working the next day there with restrictions till I did get operated on. The way Mi law is that my or there lawyer can keep dragging this on is ridiculous .

That's the problem,even though I gotten a lot of response for this question if you don't live in Michigan you have a hard time knowing what is going on here. I am going to college for classes that I hope I will be able to pursue a degree in. In the end though if my arm is not operated on then the possibility of me finding work is slim. As far as my employer there is a lot of work there that I could be doing that they have available,but until this lawsuit runs it course they won't give me a job there. If the case went to court tomorrow, and I won I would be working the next day there with restrictions till I did get operated on. The way Mi law is that my or there lawyer can keep dragging this on is ridiculous .



Did you answer my question about a third party action?

May I ask why won't you get the operation now if that's what the doctor ordered for you? Won't the WC pay for this operation? In Ohio and Florida you would have been operated on and the WC would pay the medical bills for this operation. Then you could get a settlement award afterwards. Don't really follow your scenerio on why no operation if it is needed. I can't imagine that Michigan is any different in their WC laws.

twinkiedooter,

The worker compensation will not give the o.k. to have the operation done. I don't know the reason why if they don't think it's needed or what. As far as for me going on my own and having it done I don't have that kind of money with this case going on now for two years. This is also what I don't understand if the MRI shows the tears and I reported the injury at work as soon as it happened and went to the emergency right then and there.
So with this in my favor why won't they let me have the operation now and deal with the settlement amount later at court. In Michigan if you hurt yourself at work the company is responsible for the injury no matter what. The dollar amount for lost wages can be setteled later , but for right now I want to get my arm fix so I can move on if I have too.

Sky - what reason does your attorney say about no operation. If the doctor says it's needed, then WC should pay for it. I agree with you not wanting to pay for it yourself and hope you get reimbursed. The attorney needs to show you in writing what was said when your claim for an operation was denied. Not just "they said this". Show you on paper why it was denied. Yes, also WC attorneys handle hundreds of cases at once in hopes they strike it rich once in awhile with a high dollar case. Not to say that all WC attorneys are like that, but I am sure the majority are like that. You COULD seek the services of another WC attorney in your area and go have a consult with them and see what they have to say about your being stonewalled now.

twinkiedooter,

I will do that twnkiedooter. The only repsone that I have ever got from workers comp. is that they would give me a cash settlement if I thought I needed the operation and I am supposed to use the money for the operation. There is no way I will do this . How am I supposed to know the outcome of the arm afterwards. Here you have a person that wants to get back on there feet and the court system just keep letting them drag it out.

I'm confused skychief. If they are willing to give you the money needed for the operation, why won't you take it?

Workers compensation lawyers do the work because it is incredibly easy and repetetive to the extent that an office can be run with 2 lawyers and 10 paralegals doing all the work. Where a lawyer in my field (personal injury/medical malpractice) may be able to handle a caseload of 80 cases, a typical WC attorney can handle 300+. It is a numbers game and WC firms are usually run like a mill, with very little attention paid to any one case, and an emphasis on rushing through cases to get paid.


And this is my problem with the legal system - 2 lawyers, 10 paralegals doing the legal work - with the paralegals unlicensed in NYS.

You carry an active caseload of 80?

Workers compensation lawyers do the work because it is incredibly easy and repetetive to the extent that an office can be run with 2 lawyers and 10 paralegals doing all the work. Where a lawyer in my field (personal injury/medical malpractice) may be able to handle a caseload of 80 cases, a typical WC attorney can handle 300+. It is a numbers game and WC firms are usually run like a mill, with very little attention paid to any one case, and an emphasis on rushing through cases to get paid.



OP should print this out and physically take it to his Attorney and ask what the hold up is in his case.

See what explanation his Attorney has. Perhaps it's the "little attention" aspect and Attorney needs a little shaking up (so to speak).

The others are right they do have set amounts they cap at and you can not get more out of them
BUT I DO believe that lawyers, insurance companies and so forth do work together against you often not for your best interest.

the others are right they do have set amounts they cap at and you can not get more out of them
BUT I DO believe that lawyers, insurance companies and so forth do work together against you often not for your best interest.


Speaking about insurance companies - every penny they don't give you they get to keep.

The reason that I won't settel and have it done with this money is that : if I do, the amount of money might not cover the total cost from start to finish. Also if I setteled there is no job for me there any more and also they are not responsilbe for the arm anymore after you settel.
I know the law say the employer does not have to take you back,but where I work they would if the case goes in my favor. It's not like I am going to be disable for the rest of my life I just want to get it fix and have them responsilbe if there will be any problems there after. At least if I can get back in I would have benefits with me outside the shop I have nothing.

Sky - you are still set in your ways that the company owes you something. What would you have done if you had injured your arm at home falling off a ladder while you were fixing your roof? Chances are slim and none that the employer will have you back. It does not work that way once an employee collects WC and a settlement. You'll just have to get a job somewhere else. Also, NO SURGERY is 100% guaranteed EVER. I have yet to meet anyone who has been operated on that had their surgeon guarantee 100% success. If the dr. did say that and the injury was not completely resolved with surgery don't you think the dr could have his pants sued off? Of course. In this lifetime there are no guarantees about anything. You're going to have to wake up to the fact that if you don't settle, the insurance company could care less.

I worked at an insurance defense firm in Florida for many years. My boss did WC defense as well as personal injury defense for large insurance companies. Some of the horror stories about injuries on the job, etc. were enough to curl your hair. The fact that the insurance company always offered peanuts was well known in the office. Some WC cases were out and out frauds where the employee deliberately got injured - sometimes by a willing coworker conspirator - and got hudge WC settlements. It's the frauds that killed the WC golden goose all around the country. After awhile I quit that firm as I could not stand working where the insurance company was trying to beat off all the fraudulent cases and would not pay out to the truly injured workers/employees. Some employees consider WC settlements as winning the mini lottery and will do anything within their power to get more money. You can thank all of them for your present predicament. And no, the WC defense attorney did not have a slew of cases - he had about 20 cases he defended and the files for each case were quite thick with paperwork.

Speaking about insurance companies - every penny they don't give you they get to keep.

Yes, Judy is absolutely correct on this one. If they can get away with paying less they are going to pay less regardless if you deserve more. It's a business they're running, not a charity.

The reason that I won't settel and have it done with this money is that : if I do, the amount of money might not cover the total cost from start to finish. Also if I setteled there is no job for me there any more and also they are not responsilbe for the arm anymore after you settel.
I know the law say the employer does not have to take you back,but where I work they would if the case goes in my favor. It's not like I am going to be disable for the rest of my life I just want to get it fix and have them responsilbe if there will be any problems there after. At least if I can get back in I would have benifits with me outside the shop I have nothing.

Yes, the settlement may not cover all the costs if something goes wrong with the surgery. But the longer you delay the surgery, the more likely it is that you don't recover fully and have additional problems, which the settlement costs won't cover. I'm beginning to see why your lawyer is pushing you to take the settlement. Let's say you drag this out longer, they finally agree to give you a job after the surgery, but due to the time between the injury and the surgery you wind up with only 75% physical recovery instead of the 99% you would get if you have it now. Will winning the suit really make up for the potential permanent damage you may wind up with if you delay the surgery? It's winning the battle, but losing the war.

I am going to end this since its not really getting anyplace.
I will let everyone know how it turns out.I can only say that I am not going to settle at long for right now till I get some answers from my lawyer in writing of why this is taking so long to get to court. Thanks to everyone that has responed.

Just wanted to update this issuse. My trail date was cancelled 2 times since the last time it was cancelled. It finally got started one day but was never finished that day and another day was given to finish want was started. Since that date the trail has been been backed off by two diffenent dates. Well I am hoping to get this over and done by. My lawyer tells me even after the trail ends it can take the judge up to a year to make a decsion on the case. I sure am glad that it's not my back that hurts. It's hard to believe that here you are that you got hurt at work and it takes so long for the court system to get you medical help.

My own WC case took almost 8 years to finally settle, they will drag and drag and drag.

My trail for worker's comp. was over a few weeks ago and I got a letter from my lawyer stating that they offered me 10,000.00 with I turned down now I get a letter from the judge stating that I will be paid for one year of wages and a closed settlement.
Do I have to take this or can I turn this down? It states in the letter what will be deducted from the award and by the time the lawyer gets his share and the medical bill I will have nothing. So my question is the check on both of our names? Does the lawyer get one check and I get another? Does a closed settlement mean I don't have a job even if I get my arm operated on? I don't think the lawyer did a good job so if the check is on both of our names (which I don't know if it is or separate checks are made out) and I don't sign can he still get his money and were does that leave me with workers comp? Will I have to show up to any more hearings? I feel that if I do I will just end up telling the judge off.

When my case was settled,the lawyer got the payment and cut me a check for my share.

More people will chime in and answer your legal concerns soon(a day or two I would think)

My trail for worker's comp. was over a few weeks ago and I got a letter from my lawyer stating that they offered me 10,000.00 with I turned down now I get a letter from the judge stating that I will be paid for one year of wages and a closed settlement.
Do I have to take this or can I turn this down? It states in the letter what will be deducted from the award and by the time the lawyer gets his share and the medical bill I will have nothing. So my question is the check on both of our names? Does the lawyer get one check and I get another? Does a closed settlement mean I don't have a job even if I get my arm operated on? I don't think the lawyer did a good job so if the check is on both of our names (which I don't know if it is or seperate checks are made out) and I don't sign can he still get his money and were does that leave me with workers comp? Will I have to show up to any more hearings? I feel that if I do I will just end up telling the judge off.



The Judge has ruled - you will get 1 year of wages. You could appeal but that will cost you more money.

In order to protect the Attorney the check will either be in both names OR there will be two separate checks. Closed settlement means the case is over. If you DO need more surgery I question why it was settled now instead of when all medical treatment is over.

If you don't pay your Attorney - and I don't think that will be an option - he will sue you.

The Judge has ruled - I don't see any more hearings. It appears that your case is over.

I'm sure you realize that the Judge is ruling according to Law and "telling him off" will accomplish nothing except, perhaps, alienating him.

If you are unhappy, consult with another Attorney and ask about an appeal - but many of these cases cannot be appealed and, if they can, the appeal process is very expensive.

I realize you think your Attorney was against you from the start and in order for others to see the history here these posts should be combined.

EDIT: Are you aware of this and is this part of the settlement: "Most workers' compensation attorneys work on a contingency basis. That is, if they do not get you money, they do not charge you. In addition, in many situations, the employer/carrier may have to pay any fee or costs."

{Threads merged - <>}

Judges don't issue settlements, they issue rulings. A settlement is when both parties agree outside of court. You refused the settlement so the judge ruled. I assume a years salary was a lot more than $10K.

The 10,00.00 was for a settelment of the case between the company and me. I said "no' and then 3 days later I get this ruling in the mail from the court.
Yes i know it's stuipd to tell the judge off ( It won't do me any good), but if you look at the time frame that the judge is having the company pay and the commission the laywer gets , it seems to only benifit my lawyer and not me. How long do I have to get the operation done? I am in school right now for the next 6 months and if I get it done now I will have to miss some schooling which I don't what to. What does a closed settelment mean? That they are only paying me from date A to date B and I don't have a job with the company ever if I get my arm operated on? Also when I have my operation will I have problems again getting paid for my rehab till the doctor says that I am good to go? Does another trail have to be started up if the doctor dosen't lift my restrictions? I know you want to say discuss this with your lawyer but it seems he only tells you want he wants you to know so he can get his share. If it was up to me I honestlty would give up whatever money I have coming just as long as he would be in the same boat. By the time I have to pay for my sick & accident, unemployment and doctor"s demp's there won't be much left so the heck with the rest I lived this long without it I can live from here on end without it if it comes to it.