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  1. #1
    Join Date
    Apr 2012

    Default Future Credits

    My workers compensation claim was made in the State of: New Jersey

    Future Credits,
    Try to make this long story short as I can. I had a third party suit and a workers comp case. Was in accident in Jan 2006. Back and neck injury. Workers comp paid me and my medical bills until Feb. 2007. In Sept 2008 my third party suit settled for $450,000. W.C. settled a $150,000lein for $38,000. In May 2009 the W.C. carrier wanted to settle. Keep in mind my W.C. attorney told me I would have received $300,000 from W.C. if I didn't have the third party suit. Told me for two years I would get between $100,000 and $150,000 for total disability for back and neck injuries.
    Day the case settles my dosen't show up, his partner a Social Security lawyer does. He meets with the W.C. lawyer and the judge,comes out and says W.C. put a $450,000 lein on my settlement. Two weeks later I go to court to sign the papers. The W.C. judge tells me she put the settlement together. W.C. dosen't have to pay me or my medical bills until 2015. And this is with me being Totally disabled. Yesterday I run into my Civil Suit lawyer. Asks me how W.C. went. When I tell him he goes crazy. Tells me its all wrong. The lein was paid, W.C.should be paying me. Question is, is he wrong or is my W.C. settlement wrong. So confused I can't even spell it right.

  2. #2
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Future Credits

    That does not sound right to me at all. Get your work comp lawyer working on it. I agree that if the lien is paid, it is paid. That is pretty basic law. Sounds like whoever showed up for the insurance company that day did not know about the lien settlement, and your fill-in lawyer did not either.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Apr 2012

    Default Re: Future Credits

    Thats what I thought. But the regular comp attorney showed up for the settlement. I know in N.J. you can't get paid twice for the same injury. But if w.c. took money from a third party settlement and then when your w.c . case settled put another lein on it they would never have to pay anyone. They paid me and my medical bills from Jan 06 till Feb 07. Now the way my comp case settled they don't pay me or my medical bills until 2015. I'ver been reading about the way leins are settled in N.J. buts it's complicated.

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