Missouri Worker's Compensation - Help For Injured Missouri Workers

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  1. #1
    Join Date
    Aug 2011
    Posts
    9

    Default Time Limit for Settlement

    Im just wondering Is there a time limit on how long a insurance co. can keep putting off or stalling on a settlement? My attorney sent there attorney a demand for settlement 2 months ago and I guess they just ignored it .Can my attorney go ahead and request a hearing even if they want to continue stalling.This injury has taken place 3 years ago .Took them one year to approve the surgeries and year to recover from them and then another year getting dissability ratings which we have now and they have.I have no income now havent seen a check in months.My employer for 17 years wont take me back because the surgeon which was picked by the insurance co. has listed me with permanant restrictions so Im with out a job.I have applied for ssd but as most knows thats a long wait maybe a year or 2.So as you all can tell Im very in patient and stressed over this. Any word of incouragement would help.

  2. #2
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Time Limit for Settlement

    I can't speak directly to MO law, but in most States, the IC (insurance company) doesn't have to settle at all. It is usually in their best interest to settle, however. In any event, settlement negotiations can be quite lengthy, or they can get settled in a short period of time.

    If it's only been two months, I wouldn't be chomping at the bit just yet.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Time Limit for Settlement

    My attorney sent there attorney a demand for settlement 2 months ago and I guess they just ignored it .
    Apparently they weren't happy with the demand... you can't force a C&R.
    As long as you are receiving any benefits due, you are in no jeapordy...they are free to pay out the indemnity benefits over time...
    A hearing isnt' going to force any cash settlement.

    Discuss your questions/issues with your attorney. He has the file.

    There is a state or two, don't recall right now which, where a ER/IC is required to make an offer to settle out the claim withing a specific timeframe once the IW is MMI.

  4. #4
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Time Limit for Settlement

    The problem is Im not receiving any benifits Last Dec. when the dr. said he cant do any more and left me with permanant restrictions I was cutt off from my weekly checks from ic .my employer says I cant work with restrictions so Im done there .I havent had a pay check of any kind this year so thats why Im chomping at the bit lol .I was just hoping somebody would have some good news to tell me but I appreciate the answers I got .

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Time Limit for Settlement

    I was cutt off from my weekly checks from ic .my employer says I cant work with restrictions so Im done there
    If you have been declared MMI, rated for PD, you would be paid those indemnity benefits.

    At MMI, the presumption is you would return to work, whether that is pre injury ER or not... actually doesn't matter in WC claims.
    Of course you don't have to go back to work, that is up to you...but a job search, within any restrictions would be in order.
    WC benefits are severely limited...if the PD indemnity has been paid out...there isn't any more cash.

  6. #6
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Time Limit for Settlement

    My lawyer gave me a quote for around 65000. plus 2 years of medical on the injuries that comes from 25% per shoulder and 15% each wrist and a 10% body as whole plus said the judge will award so much for scaring. So i guess its just a waiting game

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