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  1. #1
    Join Date
    Aug 2013
    Posts
    2

    Angry How Long Can Worker's Comp Take to Determine Approval

    My husband, a law enforcement officer, was injured in a work related shooting last June 2012. His vest stopped the bullet. Around June 2012 he began to experience chest pain off and on over the course of the next 12 months until such time that the pain escalated to a point of emergent care. He has had over 7 emergency room visits for chest pain thinking he was experiencing a heart attack, similar condition. He has had echo, angiogram, and ultimately a heart cath of which the doc said he felt that my husband had nerve damage surrounding his heart from the shooting impact. We have attempted to reopen the claim from the shooting with no great urgency on the part of comp. He has been off work under doctors care this incident since May 2013 to present (almost 4 months) and they have yet to make a determination on his claim stating that he needs more tests, evals for psych, etc. They have in fact not denied anything as of yet but are only paying the psych medical bills, no heart bills, and he has yet to receive any pay for being off work. My family is about to starve to death and lose everything we own, our home, cars, etc. We are all suffering and they continue to delay the response citing they need more evals, tests, etc. His psych doctor and another referred to us both state that his heart issues are a result of PTSD, anxiety from the shooting and have yet to offer any further testing in regards to the nerve damage...How long can they sweat us out?

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Is There a Time Guideline on How Long Worker's Comp Can Take to Determine Approva

    Much longer than you can survive, for sure.

    If you don't immediately hire the best work comp lawyer available, I promise that you are going to lose your house and your cars.

    Do not expect the insurance company to do anything differently if you guys don't do anything to make "different" happen. Hiring a good lawyer who knows exactly what he or she is doing, and who is aggressive, will make things happen. But you have waited nearly 4 months already, so you are really far behind on this. The lawyer should have been engaged at the first sign of a problem. Even a top-notch lawyer has to work through a slow-moving system.

    Talk to your newly hired lawyer about this first, but since your husband is a police officer injured in the line of duty, speaking to local elected political leaders in the town that employed him about the crappy way the insurance is handling the claim may get the ball rolling. But talk to a work comp lawyer FIRST about this approach.

    Do your lawyer research carefully. Good websites to use to look for the right lawyer are: Martindale.com (look for an AV rating) and Superlawyers.com (anyone on that site is an AV quality lawyer). Also check the "find a lawyer" directory at WILG.org. In addition, AVVO.com has lawyer profiles and client comments. Do your homework on this. And if your husband the LEO knows any lawyers, get recommendations from them too. You want someone who is a specialist, not a "dabbler," in workers' comp law on behalf of injured workers. Feel free to send me a PM if you need assistance finding someone good to help you. Good luck to you.
    Last edited by complwyr; 08-29-2013 at 02:10 PM.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Aug 2013
    Posts
    2

    Default Re: Is There a Time Guideline on How Long Worker's Comp Can Take to Determine Approva

    Your advice is greatly appreciated, thank you for your time.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Is There a Time Guideline on How Long Worker's Comp Can Take to Determine Approva

    I just sent you a PM (private message).
    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 and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Nov 2016
    Posts
    3

    Default Re: How Long Can Worker's Comp Take to Determine Approval

    It took my claim 13 years away from my families life .My condition was Compensable but was not rated.Another words my injury was legitimate.But I got paid Nothing for it because the State is going broke and it is our duty as an injured worker to loose everything and everybody we ever loved so the State can bring in more industry.And assure the salaries and retirements of our elected officials.Sorry to be blunt but that is the hard truth of the matter

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