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  1. #1
    Join Date
    Nov 2008
    Posts
    14

    Default What Happens if a Settlement Isn't Reached

    My case went to trial and no decision was reached by the judge as to whether the plaintiff was actually an employee or not and eligible for benefits. The judge was notified that the case was out for settlement but no settlement has been reached. Another hearing was requested by plaintif's lawyer because of lack of a firm settlement offer. Can someone please tell me what happens now? Is there another trial, does the judge now make a ruling from the trial? I was told that the plaintiff's attorney now has to sue me in a section 11 case, and to not do anything. Unfortunately my attorney isn't really a WC one, and I don't know, and I don't know whom to ask now. I need a new one, but don't have one yet.

    Would someone PLEASE be kind enough to let me know how this all works? So stressed out over this. Thanks so much for any help!

  2. #2
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Question Re: What Happens if a Settlement Isn't Reached

    I think your lacking some details and I could assume what your saying but don't want to confuse you and further. Can you expound on YOUR relationship with this mater?
    Thanks,

  3. #3
    Join Date
    Nov 2008
    Posts
    14

    Default Re: What Happens if a Settlement Isn't Reached

    Thank you. I am the defendant.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What Happens if a Settlement Isn't Reached

    Don't you have workers compensation insurance ?
    Turn this over to your Claims Administrator at the ins company...THEY should be representing you in this claim..

    IF it is determined that the IW is not a employEE...then, you could be sued in civil court. But IF this is not a EE, but a self employeed person... they should be responsible for their own medical treatment and wage loss.

    Why are you deciding this is not a ''employee''...there are very ridgid rules, generally at the state level, but federal too, that determine IF a worker is an employee, or a self employed individual. There is no such thing as a ''1099 employee"... if you pay this person/IW and provide a W-2 form... this IS an employee....and you would be liable for any injury.
    My case went to trial and no decision was reached by the judge as to whether the plaintiff was actually an employee or not and eligible for benefits.
    That may not be a determination to be made under the WC court jurisdiction...(?)
    I was told that the plaintiff's attorney now has to sue me in a section 11 case, and to not do anything. Unfortunately my attorney isn't really a WC one, and I don't know, and I don't know whom to ask now. I need a new one, but don't have one yet.
    You should be seeking advise from a WC atty... a message board is not good substitute for legal advice... spend your time on the phone/street, not here. There may be legal timeframes you need to meet, and you need an attorney who is knowledgable for that.

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