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  1. #1
    Join Date
    Feb 2007
    Posts
    36

    Default Lawyer Took Back Wages to Pay for Costs

    So, I had a previous post about how my lawyer kept all of recovered back wages to go towards costs thus far in my case, and has stated that if my case does not settle soon I am responsible for paying all costs incurred. Around $2,000 or so.

    I had vehicle trouble and had to get a new vehicle. The work comp said it was too early for vehicle mods at this time. My lawyer asked if I wanted him to persue this and ask for a hearing. I did not give him permission to do so, because I know I will need another vehicle mod in a year or so and am persuing another avenue in getting my wheelchair lift and cap installed. He proceeded to go ahead and dispute the work comp claim and ask for the vehicle mods. He stated to me that any money recovered, the money that is supposed to go to getting my lift installed and a cap for my truck to cover the lift and powerchair, would be kept by him to pay costs incurred.

    How can my lawyer, knowing that I am in need of a lift and cap for my truck for medical reasons, go ahead with persuing the vehicle mods without my permission, and then turn around and pocket the money that is supposed to be used for my medical equipment?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Entitled Benefits/Lawyer Takes All

    He stated to me that any money recovered, the money that is supposed to go to getting my lift installed and a cap for my truck to cover the lift and powerchair, would be kept by him to pay costs incurred.
    Talk to the AA again, if there is recovery for the modification to your auto, the money would go to him to cover the costs of the modification, the AA is not "pocketing" the money. You said you did not want this veh modified, you are pursuing another avenue. But you would on a new one.

    What if you were to take this money, use is elsewhere, then when you secure a new auto/truck come back looking for money to modify ? The carrier could say "Ok, we'll pay for modification....to ONE vehicle, and we'll hold the money 'til it's needed".

    You don't need to ''give permission'' for your atty to do anything. You retain counsel to represent you in your best interests, if you think you can micro manage your claim, or want to contol the process....name yourself a 'pro per' and make it a DIY project. Your AA doesn't ''work for you'', you haven't paid a retainer fee, or have you?

  3. #3
    Join Date
    Feb 2007
    Posts
    36

    Default Re: Entitled Benefits/Lawyer Takes All

    Quote Quoting BvIA View Post
    Talk to the AA again, if there is recovery for the modification to your auto, the money would go to him to cover the costs of the modification, the AA is not "pocketing" the money. You said you did not want this veh modified, you are pursuing another avenue. But you would on a new one.

    What if you were to take this money, use is elsewhere, then when you secure a new auto/truck come back looking for money to modify ? The carrier could say "Ok, we'll pay for modification....to ONE vehicle, and we'll hold the money 'til it's needed".

    You don't need to ''give permission'' for your atty to do anything. You retain counsel to represent you in your best interests, if you think you can micro manage your claim, or want to contol the process....name yourself a 'pro per' and make it a DIY project. Your AA doesn't ''work for you'', you haven't paid a retainer fee, or have you?
    The work comp ins only pays for a vehicle modification every 5-7 years. They paid for my vehicle mods the first time. I paid to have my lift removed from my vehicle and am going to pay for it to be put back in a different vehicle because I will be getting a new vehicle in another year that will qualify for vehicle modifications. With the attorney putting in for vehicle modifications now it will cost me expenses now, with no recovery of payment for vehicle modifications to me. The money would all go to him. If I wait one more year, the ins pays voluntarily and there is no expense to me or for my lawyer to incur. Doesnt it make sense that I would not want to fight with the ins now and rack up a bill and just wait til they voluntarily pay the mods to my new vehicle? The lawyer has been paid, he kept back wages for his espenses. He asked me if I wanted to persue the vehicle mods and I didnt want him to. The lawyer will also be paid out of any settlement that is reached. He took the case knowing that any expenses incurred would not be paid unless it is settled. Why does it make sense to have a lawyer who doesnt care about my medical needs. Anything that I need now that I have to fight the ins for I wont get because even if the ins pays for it the lawyer is keeping it. I dont have a problem paying my lawyer for expenses incurred when necessary. I just cant imagine paying a lawyer to get medically necessary items and then he gets paid and I am still out of medically necessary items.

    Just wanted to make clear that he is not incurring the cost of the modifications. I am incurring the cost. He would be keeping any money that the insurance company sends for the modifactions to pay for previous expenses in the case.
    Last edited by medic1; 08-18-2010 at 11:04 AM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Entitled Benefits/Lawyer Takes All

    I will be getting a new vehicle in another year that will qualify for vehicle modifications. With the attorney putting in for vehicle modifications now it will cost me expenses now, with no recovery of payment for vehicle modifications to me. The money would all go to him.
    That's right. You are voluntarily getting a new vehicle now, and transfering the mod's out of your pocket. Then later when you get a new vehicle, the IC will pay...you don't get reimbursed for your cost now.
    I paid to have my lift removed from my vehicle and am going to pay for it to be put back in a different vehicle because I will be getting a new vehicle in another year that will qualify for vehicle modifications.
    Right, you pay now, they pay later when it's due again. IF they pay w/o dispute. There is never a guarantee they won't deny/dispute your request for modification to a vehicle. You shouldn't assume that to be the case.
    He took the case knowing that any expenses incurred would not be paid unless it is settled. Why does it make sense to have a lawyer who doesnt care about my medical needs.
    Expenses/costs are one thing... and they are going to be paid as awarded by the court. AA's don't just keep money due the IW.... judges have to approve any fees paid to the AA's.
    AA's are your representative in the claim and at hearings/court. They don't have much of anything to do with medically necessary treatment or services, unless there is a dispute. Your Dr does that. Don't look to your AA as a ''friend'' looking out for your medical care. That's not what they do.
    The money the AA is getting now for mods' is to go for the new vehicle later on... At least that's the way your post is reading.
    Talk to your atty... get this cleared up.

  5. #5
    Join Date
    Feb 2007
    Posts
    36

    Default Re: Entitled Benefits/Lawyer Takes All

    Quote Quoting BvIA View Post
    That's right. You are voluntarily getting a new vehicle now, and transfering the mod's out of your pocket. Then later when you get a new vehicle, the IC will pay...you don't get reimbursed for your cost now.
    Right, you pay now, they pay later when it's due again. IF they pay w/o dispute. There is never a guarantee they won't deny/dispute your request for modification to a vehicle. You shouldn't assume that to be the case.Expenses/costs are one thing... and they are going to be paid as awarded by the court. AA's don't just keep money due the IW.... judges have to approve any fees paid to the AA's.
    AA's are your representative in the claim and at hearings/court. They don't have much of anything to do with medically necessary treatment or services, unless there is a dispute. Your Dr does that. Don't look to your AA as a ''friend'' looking out for your medical care. That's not what they do.
    The money the AA is getting now for mods' is to go for the new vehicle later on... At least that's the way your post is reading.
    Talk to your atty... get this cleared up.
    I dont think you are understanding the post. Let me see if I can clear this up for you.


    I understand it is my choice for a different vehicle now and that I am responsible for the cost of any modifications. That is why I am not trying to get or dispute the insurance company to pay for the modifications. My lawyer has decided to put in for the monies for the modifications so that if they pay he can take that money and put it on expenses he has incurred thus far in the case. Esentially asking the insurance to cover medical expenses that I have incurred and then keeping the money himself to pay for incurred costs in the case because the settlement is not happening fast enough for him.

    He would not be getting the money now and keeping it for modification later on. He would be keeping any recovered money for his expenses in the case. I would have to put in for another modification in a year to have my new vehicle modified. Which they would deny because they just did mods to a vehicle the year previous. That is why I want to pay myself right now and take the modifciations next year when it is allowed. I know nothing in insurance is guaranteed. I have been dealing with work comp for 7 years. They have been pretty fair and have provided everything that I have asked for as long as it falls under the guidlines.

    The court never awarded my lawyer the back wages I was supposed to have received, he just took it all. Said that his expenses were more than what was recovered and I get nothing, and that if I dont settle in the forseeable future I will be responsible to pay all incurred expenses. That is why I have asked him to not persue the vehicle modifications. He has incurred more costs for something I asked him not to do and is now racking up a bill that I have to pay to him, plus he is taking my medical monies (money that would pay for my vehicle mods) to pay for his own expenses in the case.

    Esentially I am paying a lawyer to recover medical benefits from work comp, and then he keeps the money, bills me for any expenses over the amount kept, and I have to pay for the medical necessities on my own. I would be better off paying for the medical benefit on my own because I end up paying for the medical necessities on my own and paying the lawyer to recover money he is keeping.

    I am not asking him to be my friend. He does work for me, I have a contract signed that he is working on my behalf. He needs to ask my permission before persuing issues that come at a cost to me.

  6. #6
    Join Date
    Apr 2010
    Posts
    110

    Default Re: Lawyer Took Back Wages to Pay for Costs

    That sounds like something you need to call the attorney's bar association about.

  7. #7
    Join Date
    Feb 2007
    Posts
    36

    Default Re: Lawyer Took Back Wages to Pay for Costs

    Quote Quoting clark k View Post
    With my limited knowledge on this matter, I thought medical was medical and that the ATTY could not receive any part of the medical fund's part/settlement. Only from out-of any cash award from weekly / monthly benefit's/chk..for hour's worked on case /file for client.. PLS help with the/my confusion. THANK YOU.... ''OTR DRVR''
    That was my understanding. He gets paid for expenses/costs incurred on cash he recovers. But now he is taking monies that are supposed to go to my vehicle mods because he says he still has expenses that have not been covered. So really now anything he puts in for he will keep whatever is awarded until his expenses are paid off.

  8. #8
    Join Date
    Feb 2010
    Posts
    18

    Default Re: Lawyer Took Back Wages to Pay for Costs

    Sounds like you have a blood sucker--if you don"t like him shop for another that you can deal with.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Lawyer Took Back Wages to Pay for Costs

    Agree with jedd, but the atty can't just keep money from your/your benefits.
    Atty fees, and/or costs they are claiming must be awarded by a comp court mediator or judge.
    Somethings missing here...

  10. #10
    Join Date
    Feb 2007
    Posts
    36

    Default Re: Lawyer Took Back Wages to Pay for Costs

    Quote Quoting BvIA View Post
    Agree with jedd, but the atty can't just keep money from your/your benefits.
    Atty fees, and/or costs they are claiming must be awarded by a comp court mediator or judge.
    Somethings missing here...
    How would I find out if he took more than he is entitled to? And should he be showing me something that the judge ordered in his favor for the awarded monies. Or is he just keeping the money and hoping that I dont say anything about it?

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