Workers comp settlement

kevin79love said:
Should I be worried about losing my job if I settle a workers comp claim?
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In today's economy, EVERYONE with a job should be concerned about losing it!

I don't see how any insurance settlement would jeopardize your job.

If you see that, you might want to consult a lawyer or two in your county.
 
I have a lawyer who is looking to settle on an ACL tear injury. They are very bad at keeping on touch and replying to emails or answering phones. I wasn't looking for a settlement and didn't want to close the case in case of future problems with my knee. Any suggestions?
 
kevin79love said:
I have a lawyer who is looking to settle on an ACL tear injury. They are very bad at keeping on touch and replying to emails or answering phones. I wasn't looking for a settlement and didn't want to close the case in case of future problems with my knee. Any suggestions?
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Yes, instruct the lawyer that you don't wish to settle.
That might get his or her attention.
If you believe the attorney isn't following your instructions, simply write a letter, post it using certified, registered, or some other way of tracking receipt and delivery; informing the lawyer that effective upon receipt (or a date specified in the letter) that he or she is fired.

Also request that the lawyer then send to you a complete record of your file.

Or, contact another lawyer, retain that lawyer, instruct the new lawyer to fire the first lawyer, and request copies of your files.

Good luck.
 
kevin79love said:
Then I suppose if I didn't retain another attorney that workers comp would close my case my anyway.
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I'm not sure.

The best thing to do is talk to a couple WC attorneys and ask.

I'm sure this one wants to close it to get paid.

There's a way for that to happen, and you keep the file open JUST IN CASE.

Again, talk with the current one, or ask two or three others.
 
I have handled thousands of cases in Maryland. There are multiple different things you might mean by "settlement". You are going to have to provide some more context here. Are you "settling the claim" or just coming to an agreement on treatment or permanency? It is illegal in MD to terminate you for having filed a WC claim but nothing prevents you being let go for any other reason and having filed a claim is not a shield against termination.

There are two basic types of settlements. One leaves medicals open, the other does not. If you are just filing for permanency, or permanent partial disability (PPD), medicals stay open. You might receive PPD via a stipulation agreement where you and the carrier agree to the degree of disablement. It isn't really a settlement, but it is frequently referred to that way.

To truly settle your claim full and final, including medicals, can take time. It is possible but it is a pain in the neck due to the Medicare Secondary Payer Act. It is very common to include a resignation and waiver of claims with these settlements. They are far less common, and way more expensive as there is a premium paid to forever close the claim. They are more common when the person isn't going to be returning to work.

Ask your attorney which type of settlement it is and for its terms. The Commission does have to approve all settlements and stipulation agreements so you will have an opportunity to attend the hearing if you do not agree.
 
If you read my other replies you would see that I mentioned that my attorney hasn't told me anything. ANYTHING!!!! So I don't know what they mean. I've been back to work for almost and 6 months. I went to him in the first place just to protect myself from the shafternoon insurance doctors. He told me we could keep the case open for up to 5 years. I have no idea what they're intentions are.
 
Then how do you know there is a settlement offer? YOU would have to be the one to sign it. If you are represented it would be sent to your attorney to be presented to you. If no offer is forthcoming or currently on the table, it isn't settled. Leave it open in case you need future medical care.

The claim does not close after 5 years. your entitlement to lost wages does after 5 years of inactivity on the claim. Medicals stay open.
 
There is a settlement hearing that I received a letter for. You're telling me actions to take but my issue is that the lawyer isn't giving me details. They dont answer my calls or return them or reply to emails. All of my medical was paid for. I was compensated well weekly while I was out. I never said there was a settlement offer by the way
 
I was worried that if the lawyer is going after money from the insurance company that my company would find a way to get rid of me. And I wasn't looking for some big payoff. I just want better communication from my representative.
 
kevin79love said:
I was worried that if the lawyer is going after money from the insurance company that my company would find a way to get rid of me. And I wasn't looking for some big payoff. I just want better communication from my representative.
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Talk to a couple other local lawyers that do WC casework.
Explore your options, investigate other solutions.
Most lawyers retained on a contingency bass,tend not to communicate until and unless specific information is required to be sent to you.

Sometimes when people disagree, it's best to part company.
 
You can look up what has been filed with the commission here MD WCC Online Claim Inquiry Instructions

Who sent the letter? The Commission does not send letters, they send notices of hearing. It will give the time, date and location for a hearing. If it was a letter, it was likely from your attorney and may or may not be for an actual hearing. Go to the public information screen, click on the "Hearing Issues" tab and enter your information in the box. It helps if you have your claim number (starts with a B or W) but isn't required. There you can see if a hearing has been set and what the issues are. If you post back just what appears in the "Issues Information" box, I can point you in the right direction.
 
army judge said:
Talk to a couple other local wagers that do WC casework.
Explore your options, investigate other solutions.
Most lawyers retained on a contingency bass,tend not to communicate until and unless specific information is required to be sent to you.

Sometimes when people disagree, it's best to part company.
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In MD, ALL WC claims are on a contingency basis. The fee is set at 20%, and payable from the award. The attorney only gets paid if the IW does and they can not charge legal fees up front or from the IW directly. Hence, why most all represented IWs end up at least filing for PPD. Unless it is a very complex or contested claim, there is little reason to even have an attorney and the IW can sever the relationship at any time. If there is a hearing of some kind, I would strongly encourage legal representation, and certainly before signing any sort of settlement agreement. If the IW does not want to settle or pursue PPD, they have the option to let the attorney go.

As far as communication, that is a frequent complaint. It is always amusing to go to the hearings and hear the claimant's counsel calling out names looking for clients they have never met. A few enterprising firms take photos of the client and attach it to the files. That said, there is no excuse for not returning calls or emails and certainly nothing should be filed with the WCC, let alone negotiated without the client's express knowledge and permission. Emails or calls to the paralegal or legal secretary might be more fruitful. Those folks are typically in the office regularly and are probably the ones doing the actual filing anyhow.
 
I only seeked representation as protection because the insurance doctors were trying to send me back to work faster than my surgeon. And I really only went to ask questions. There is no hearing date yet just a letter from my lawyer's office and the insurance company telling me that there will be one and I'm required to be there.

I understand he has to get paid but I didn't intend to go through a legal process. But I guess if I wouldn't have I may have been treated worse by the insurance company.
 
ElleMD said:
In MD, ALL WC claims are on a contingency basis. The fee is set at 20%, and payable from the award. The attorney only gets paid if the IW does and they can not charge legal fees up front or from the IW directly. Hence, why most all represented IWs end up at least filing for PPD. Unless it is a very complex or contested claim, there is little reason to even have an attorney and the IW can sever the relationship at any time. If there is a hearing of some kind, I would strongly encourage legal representation, and certainly before signing any sort of settlement agreement. If the IW does not want to settle or pursue PPD, they have the option to let the attorney go.

As far as communication, that is a frequent complaint. It is always amusing to go to the hearings and hear the claimant's counsel calling out names looking for clients they have never met. A few enterprising firms take photos of the client and attach it to the files. That said, there is no excuse for not returning calls or emails and certainly nothing should be filed with the WCC, let alone negotiated without the client's express knowledge and permission. Emails or calls to the paralegal or legal secretary might be more fruitful. Those folks are typically in the office regularly and are probably the ones doing the actual filing anyhow.
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Yes, this is the way it's done in the other 49 states, too.
The percentages vary, but the lawyer doesn't get a dime, unless the claimant gets paid.
In some states, the lawyer gets paid out of a separate bucket, so as not to affect the claimant's award.
 
kevin79love said:
I only seeked representation as protection because the insurance doctors were trying to send me back to work faster than my surgeon. And I really only went to ask questions. There is no hearing date yet just a letter from my lawyer's office and the insurance company telling me that there will be one and I'm required to be there.

I understand he has to get paid but I didn't intend to go through a legal process. But I guess if I wouldn't have I may have been treated worse by the insurance company.
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You final paragraph justifies your actions.
The problem isn't with your lawyer, he or she, are pawns in the government's schemes.
Without a lawyer, you're right, things would not have gone as well for you.
Hang in there, keep trying to recover as best you can, heal your body.
You're also wise to think about getting better over a few dollars in your pocket today.
Money helps, but know this, no one ever receives what it's really worth.
That's exactly why the system operates the way it does.
To be fair, it used to be worse.
Heck, at one time, there were no protections.
 
Not necessarily. Adjusters aren't intimidated by attorneys. If there isn't a problem, having an attorney can actually slow things down as the adjuster must go through them for everything. They aren't any more prompt about getting back to adjusters.

If you don't want to settle or go to a hearing, ask the attorney to withdraw issues. Or you can file to do it. If you are really having a difficult time with your attorney, or your attorney is doing things you are not authorizing, call these folks  Maryland Workers' Compensation Commission. Seriously. They are one of the few state agencies which easy to deal with.
 
ElleMD said:
Not necessarily. Adjusters aren't intimidated by attorneys. If there isn't a problem, having an attorney can actually slow things down as the adjuster must go through them for everything. They aren't any more prompt about getting back to adjusters.
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No one should be intimidated by an attorney.
That's not how a good ANYTHING operates, using intimidation.
In all things legal and medical, haste isn't useful.
Slowing things down allows for better decisions to be made.

If an attorney rushes a client to settle, the client should consider retaining a different attorney.
 

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