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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default WI Workman's Comp Claim Taking Years,

    I am writing this for a relative of mine. This person was injured on the job back in 2003. They reported it to their employer that day and was even put on desk duty for awhile. When undergoing treatments for nerve damage to the knee, they were no longer able to return to work due to the drugs they were on. The doctor's office sent word to the employer letting them know (which there is proof of) however the employer claims they did not receive it in time and fired this person saying they abandoned their job. Well about a month went by and this person decided to get an attorney involved since WC seemed to think this was just a sprang and not nerve damage...So over the years they have dispute this with this person's attorney since their doctor's say this is just a spranged knee. Yet this person's doctor confirms that there is nerve damage and surgery is needed to repair it. So this person's case it at a stand still and has been for quite sometime. I am not sure if the attorney is to blame, or the insurance copany and employer or what. But this person has at least just been trying to get them to initially pay for the surgery first even if there would no longer be a settlement after that and they are still fighting them on this. I am very familiar with how social security disability works but not too much about workmans comp. Can anyone give advice on maybe why this is taking too long or maybe if there are any other options for this person? This person is financially struggling right now and is afraid of the case getting thrown out if they even get a part time job in the meantime....Any advice would be appreciated. Feel free to email me also. Thank you!!!!!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: WI Workman's Comp Claim Taking Years,

    comp won't settle until the injured has achieved full recovery or there is a court date imenent. serious injuries can take a long time. the best way to get a resolution is to get a decision from the court. if the atty is not pushing for a court date it's time to switch attys.

  3. #3
    Join Date
    Jul 2008
    Posts
    61

    Default Re: WI Workman's Comp Claim Taking Years,

    A trial date can take about a year from filing an applicationf or hearing in WI. Usually it all depends on the injured employee as to how fast a hearing is set. If he's ready and his attorney is ready, have his attorney ask for a trial date.

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