My workers comp case that I had to get a lawyer for took about 10 years to reach a final settlement. It happened in the back of the court room minutes before we were to start court.

Is there a problem with the extent of your injuries, whether you have reached your maximum healing? I never understand the long delays. I am personally aware of a case in NY which took 4 years from the date of all parties agreeing that maximum healing had been reached.

You are paying for legal counsel - I'd push and push and push, not for a date but for an answer.

The "money" in WC cases is in volume. You can't make a living on 1 case a week so you are probably 1 of many. That does NOT mean that your voice shouldn't be heard. The Attorney works for you. Ultimately "you" pay him (in an around, about way).

I'd push for an answer. If there is a missing piece of the puzzle, find out what it is and address it.

Comp is such a racket. The carriers don't want to pay without dragging it out as long as they can, and they wait for claimants to slip up and be seen to be not permanently disabled. Lawyers make deals behind your back that may not be to your benefit. It works both ways, because of the claimants who are either outright frauds with shady doctors or who manage to make a living doing work they aren't supposed to be able to physically do.
This is unsubstantiated but I am just throwing it in as part of the commonly heard explanation.

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Originally Posted by joypulv

Comp is such a racket. The carriers don't want to pay without dragging it out as long as they can, and they wait for claimants to slip up and be seen to be not permanently disabled. Lawyers make deals behind your back that may not be to your benefit. It works both ways, because of the claimants who are either outright frauds with shady doctors or who manage to make a living doing work they aren't supposed to be able to physically do.
This is unsubstantiated but I am just throwing it in as part of the commonly heard explanation.

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Joy, sooner or later we had to disagree... and this is it!

If a lawyer makes a "behind your back" deal, then report him/her to the Bar Association. It's unethical, it hurts the profession.

I hear these complaints all the time when people don't understand particular laws or situations. I cannot speak for insurance companies and Physicians but I CAN speak for Attorneys. To "sell your client short," settle for less, hurts everyone - including the Attorney.

I actually get complaints about my work - why I can't get someone to say someone else was at fault, why I can't prove that a husband or wife was cheating, why I can't get someone to admit something. Because I can't put words in someone's mouth. You need to be in a profession to understand it.

I appreciate all your comments but I guess I am hoping to hear from someone who went through a very close scenario. This was a construction neck injury, he had the surgery.. he has a permanent disab "rating".. he clearly will not be in the same capacity, construction wise.. to continue anything close to what he did before. He does not want any more surgery whatsoever.. he wants to settle and get vocational training, retraining if you will,. from settlement as well. He is 50 yrs old. Construction and all its typical injuries is really not the career option any longer. (This is his major skill set though.. 20 plus years in all phases of construction)

Our sense is the lawyers is simply too damn busy and does not report anything to us unless there is a definitive new paper/filing development. We leave messages and we do not hear back. Etc

Thanks for all your interest and replies!

Construction Wife

You'd pretty much have to find a message/chat board to locate someone with the same situation. I know that WC will not settle until the total extent of the injuries is known AND the injured party has exhausted all treatment options.

I work in the legal field. I'd make an appointment and talk to the Attorney face to face. HE (or she) works for you, not the other way around.

I know it's a frustrating process.

EDIT: Once again I don't understand the "dislike" which both Joy and I got. I work in the legal field. I work on WC cases. I know how the system works. Okay, I'm not a man who worked construction for X number of years and now needs to be retrained. I don't think that disqualifies me from knowing the law - one person's experience is not the experience of another person.

capgirl49, perhaps you don't understand how an unhelpful vote works here - it doesn't mean 'tell me more or I don't agree;' it's for incorrect information. When you 'neg' people, they don't want to come back. Even Fr_Chuck, who might have talked more about this, may be reluctant to say another peep to you.

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Originally Posted by joypulv

capgirl49, perhaps you don't understand how an unhelpful vote works here - it doesn't mean 'tell me more or I don't agree;' it's for incorrect information. When you 'neg' people, they don't want to come back. Even Fr_Chuck, who might have talked more about this, may be reluctant to say another peep to you.

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It certainly keeps other people from chiming in on this - and other threads.

Sorry about the unhelpful ratings.. you are right I did not know how such a vote works here.. I apologize. I certainly do not want to turn anybody off from replying. I appreciate all the feedback. :)

The issue is you see this as simple, but it is not, first they have to agree about his medical condition, then percent of disability ( just that issue can take years) At that point, the max paymment for that percent disability. Since there is disability to do your job, and disability to do any job.

So your simple ( what you believe is very complicated)

I'm in the same boat. I've had four surgeries and want to settle my comp case. I should have another, but don't want it because I hear you must wait a year after a surgery to settle. Any truth in that? I just want out of the system, I hate being lumped in with all the fakers.

I got one for you all I went on workers comp then 3 weeks later I get a letter saying I am fired that been almost two years and my lawyer and I still haven't got to a hearing yet .We haven't gotton all the depositions yet they keep stalling ,what you all think I should do

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Originally Posted by bigdenny

I got one for you all I went on workers comp then 3 weeks later i get a letter saying i am fired that been almost two years and my lawyer and i still havent got to a hearing yet .We havent gotton all the depositions yet they keep stalling ,what you all think I should do

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There is a federal law against retaliation for filing a workman's comp claim... the burden of proof will be on them to prove it wasn't... and it will be very easy to show it was a factor.

It's a MUCH easier case to win I hear... You would have an easy time finding a Lawyer to represent you for that.

Well I have a question, how long does it take to get a first offer from a workmans comp case?

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Originally Posted by baddmatt

Well i have a question, how long does it take to get a first offer from a workmans comp case?

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Read the above posts.

I was inured on my job June 28, 2013. Went to the doctor and was told it was a sprain actually I'm sure it's a torn rotator cuff. I am still injured and unable to perform my regular job. Their was no light duty not anything suitable so I had to quit and hire an Attorney. The insurance company has postponed my discovery hearing four times without an explanation. My attorney isn't informing me of anything. How long can they drag it out before getting me to a doctor?

Read this thread... they can do it for a very long time.

mariancook35, you should start a new thread instead of adding to an old one.
But your sprain or torn cuff or going to be treated as small potatoes and dragged out forever, if they can, especially when you were told it was just a sprain. Six months is a long time to have an untreated rotator cuff. What are you doing about it besides waiting, and who is supporting you? What's your medical insurance situation that you can't get treatment? You may be denied WC and need to be prepared for that.