Benefits Not Being Paid - How Do They Get Away with This

[retrorob]

Hello. I have been dealing with WC and they don't give an inch. I injured my back in late 2008 and have since been thrown under the bus. In very early 2009 I was informed that I was laid off, even though I had been off work by my own doctor's orders. I had been on light duty for several months and once I was sent home by my Doc, my employer also sent me away with no pay. Worker's Compensation is supposed to pay me right? WRONG. Since they contested that the incident was PRE-EXISTING, they have been reluctant to pay a dime. And here it is, November, and I still have not recieved anything. It's been almost a whole year!!! The arbitration hearing was earlier this year, and the judge awarded benefits to me. WORK COMP APPEALED. They still haven't paid me. A couple months ago I went under to have an anterior lumbar fusion performed on my l4,l5,s1. I'm on the hook for it if this doesn't B.S. doesn't pan out. My attorney has assured me that it will, but it will be some time before I see any assistance. If it wasn't for my girlfriend, who works 50 hours a week, we would have sunk long ago. But bill by bill, we are getting way behind. How in the hell does Worker's Compensation get the ability to drag everything out like this? I don't understand it. Basically, on here, I'm just looking for hope; someone who has been through this crap and can forecast some positives. To let you all know where I am at on this, I will tell you. I started with an injury and am awaiting a date my attorney receives for an oral-argument with WC's attorney. I hope none of you get starved out like I have been, but unfortunately, I get the idea that the State I reside in takes pleasure in it. Can anyone tell me what is in-store for me next?

[Q-man]

I don't know what state your in but it seems as if its something that happens everywhere in the USA.
I can't explain how or why this as*'o get away with what they do, its such a pathetic process with the playing field tilted against the injured worker!
The only advice I can give you is trust the Lord that he will provide and your attorney will deliver via hearing et., all. Was there a pre-existing back injury, can you collect SSDI and or unemployment to assist or any charitable organization, heck even bankruptcy! You want to live, you don't want to be a comp carrier thru life!
Good luck and I'll be praying for ya

[retrorob]

Well, it has now been 16 months since my injury. I STILL have yet to receive any help whatsoever from worker's compensation. I had a 2-level fusion(L4-L5-S1) back in August of this year. My attorney tells me that we are awaiting a date for an oral argumentation(whatever that means). He says that it could be a couple of months from now at best. Meanwhile, I have been blessed with a girlfriend who has helped me emotionally and financially through this whole process. I haven't had any income whatsoever since January 21 of this year. I can't even file unemployment because of this ordeal. My employer notified me and told me I was being laid off while this whole thing is going on. I think that's basically why they continue to fight this thing. But the only good news is that my doctor may release me to go back to full-duty work next month. So at least I can file for unemployment. I know that alot of lawsuits carry out for months or even years, but come on. This is rediculous. They want me to fold but I'm not going to. I'm on the hook for my surgery if my claim is denied. My attorney has sent out countless letters of protection for my bills and doc appts. I just hope he doesn't rob me blind when it comes time to settle. I suppose he can't though since his contract says 20% max. But enough ranting. Can anyone tell me what kind of settlement I can be looking at with an Anterior Spinal Fusion (2-level)?
Thanks you

[BvIA]

Can anyone tell me what kind of settlement I can be looking at with an Anterior Spinal Fusion (2-level)?

No. You cant even guess at a potential value to the indemnity that may be due until you are determined to have reached a stable condition...MMI, and received a PPD rating.

And, since you did not provide your state... can't tell you how that rating will pan out in number of weeks indemnity payments may be due.
Also, depending on your state, you may not be eligible for a lump sum payment through the court. And if you are, those same statutes would tell whether or not there would be a commutation of that money to ''todays dollars'', or the full cash value.

So... what's your state... and Do you have a rating for PPD/impairment yet?

There are NO averages, or usual awards for any work related injury.

[retrorob]

I live in Illinois. I haven't received any rating yet because I haven't been released. I assume I will get the rating once my doctor has done all he can. Hopefully I get an answer when I go back to see him in 3 weeks. I have been assured by my attorney that I will receive all the back-pay from January 21st, 2009 until I am released to full duty. I was a welder at a local manufacturing plant making over $15 per hour and I am to receive 66 2/3% of my salary. That calculated to over 24,XXX they owe me since my injury. Plus travel expenses to and from my appointments to see my doctor which are 2 hours away, one way. I just hope that there will be a break for me soon. Whether it's unemployment eligibility or the back pay that I was awarded and still have yet to get. I know settlement time is a ways down the road, but they haven't budged an inch since this crap began. The bad part of the whole situation is that a couple weeks after my doc took me off work, I was informed that I was laid off. And now I'm thinking that they just wanted to try to sweep me under the rug and hope I cave in. But they obviously don't know me very well. If you have any information that can be of assistance, I'd be happy to know it.
Thanks again.

[BeachGirl]

Quoting retrorob

I live in Illinois. I haven't received any rating yet because I haven't been released. I assume I will get the rating once my doctor has done all he can. Hopefully I get an answer when I go back to see him in 3 weeks. I have been assured by my attorney that I will receive all the back-pay from January 21st, 2009 until I am released to full duty. I was a welder at a local manufacturing plant making over $15 per hour and I am to receive 66 2/3% of my salary. That calculated to over 24,XXX they owe me since my injury. Plus travel expenses to and from my appointments to see my doctor which are 2 hours away, one way. I just hope that there will be a break for me soon. Whether it's unemployment eligibility or the back pay that I was awarded and still have yet to get. I know settlement time is a ways down the road, but they haven't budged an inch since this crap began. The bad part of the whole situation is that a couple weeks after my doc took me off work, I was informed that I was laid off. And now I'm thinking that they just wanted to try to sweep me under the rug and hope I cave in. But they obviously don't know me very well. If you have any information that can be of assistance, I'd be happy to know it.
Thanks again.

Don't be surprised if your Dr does not rate you. My Dr did not rate me as he knew it would not be worth the time to do so, because in Illinois ratings are usually determnined by prior cases and haggled out by the two sides.

I'm a bit surprised to hear you are being told you will receive reimbursement for travel to and from Dr appts because WC rules do not provide for that in Illinois.

beachgirl

[retrorob]

I was just assuming on the part of reimbursement. I had been sent travel expenses from my attorney, that was originally from WC-to my first IME appt. I have read up on several attorney websites about travel reimbursement so I figured that I would also be. I appreciate the quick response anyways. Lately, I have been a bit suspicious about my lawyer though. From what I understand, his father was a highly respected attorney. I was referred to him but unfortunately he had passed away. His son has been working at the firm for a number of years, but I get the feeling sometimes, that he isn't has "hungry" for the job as his old man was. Maybe it's just me, but quick example: I called him last tuesday because I needed to ask him about social security. His assistant told me he was with a client. I left a message specifically telling her to call me back. To make a long story short, I still have not spoken with him. I understand he is a busy man, but a simple phone call reassures a person that his case is taken very seriously. This isn't the first time this kind of thing has happened. I can say without a doubt, that he has done this at least 5 different times since he has become my attorney. Is it time to start looking around for a new one? He has also assured me that my case is a pretty sure thing(a win for me). But this is the first attorney I've ever had for anything. I've only met him in-person once(at my arbitration hearing). And that was back in April 09'. I hired him back in August of 08'. Can anyone give me some advice or at least tell me that they're in the same boat?
thanks.

[BvIA]

You aren't likely to find an attornery to take the time to call back on every message you leave... WC is a business, a volumn business at that. The fees are minimal, because the awards are minimal. Where defense attys are billing by the hour, applicant attys are getting a % of a award. The hours are the same, in many cases the applicant atty spends more time than a defense attys. ie in a deposition, the DA gets the hourly fees... your atty gets squat.

If your atty took the time to answer all the calls from IW's about ''hows my case coming'' there would be no time to go to a hearing, or spend with their own familys.

Your atty will handle your claim...not educate you on the process.
Is your attorney one who handles Social Security applications too ?

[Jojo1]

Attorneys charge for every stamp, Phone call and travel they make.
I once had one charge me a thousand dollars to drive 250 miles for a hearing. He wanted to come down the day before to be fresh for the hearing. He charged me for 2 days travel time, Meals for 2 days and the best hotel in town for the night. I later found out he had a hearing the day before mine and that was the reason he was there a day early. He also charged the other client for the same charges as me. He made two grand for two postponed hearings because he said he was not ready for trial.

[BvIA]

Not in Workers Compensation... nearly every state has a applicant attorney fee schedule, and it's a % of the award.
I'm sorry for your bad experience...but do you think attorneys should not charge for their services...and the 'tools' to perform that service for you ?
You pay for the electric company to run their lines to your house....even the interest for them to borrow the money to do it.
You pay a franchise fee to the city you live in every month for the TV reception/cable company to use that air space to bring you the service. Everyone charges for stamps.