Check out some similar questions!

twinkiedooter · Jul 24, 2008, 05:11 AM

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.

skychief · Jul 24, 2008, 06:15 AM

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.

Emland · Jul 24, 2008, 06:42 AM

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

JudyKayTee · Jul 24, 2008, 06:49 AM

Originally Posted by sideoutshu

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?

JudyKayTee · Jul 24, 2008, 06:51 AM

Originally Posted by sideoutshu

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).

N0help4u · Jul 24, 2008, 06:53 AM

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.

JudyKayTee · Jul 24, 2008, 06:58 AM

Originally Posted by N0help4u

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.

skychief · Jul 24, 2008, 08:03 AM

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.

twinkiedooter · Jul 24, 2008, 06:22 PM

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.

twinkiedooter · Jul 24, 2008, 06:46 PM

Originally Posted by JudyKayTee

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.

froggy7 · Jul 24, 2008, 08:54 PM

Originally Posted by skychief

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.

skychief · Jul 24, 2008, 11:32 PM

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.

skychief · Oct 28, 2008, 05:03 PM

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.

Fr_Chuck · Oct 28, 2008, 05:08 PM

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

skychief · Dec 20, 2008, 11:09 PM

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.

KBC · Dec 20, 2008, 11:18 PM

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)

JudyKayTee · Dec 21, 2008, 07:44 AM

Originally Posted by skychief

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 - <>}

ScottGem · Dec 21, 2008, 08:01 AM

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.

skychief · Dec 21, 2008, 01:18 PM

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.