You are still able to bring a claim, however an uninsured claim against the state fund only covers the medical bills and temporary disability. You can obtain a judgment for any permanent injury, however, unlike an insured claim there is no insurance company to pay the judgement and an attorney will be needed to collect the judgement. You need to sit down with an attorney.
A full time workers compensation attorney spends a good deal of his time in court. I suspect that his/her paralegal can answer 80% of your questions. If it is something significant make an appointment to see the attorney in the office. Please note that as long as you are treating nothing is happening with your case. Unlike a superior court case there is no set period for discovery. The attorney cannot expedite a case while you are receiving authorized treatment. As long as you are receiving...
There are a lot of variables, primarily, whether the two experts are close with there determination as to the percentage of disability. Have the respective reports been issued? Until there is an exchange of the reports the case cannot move.
The NJ Uninsured Fund pays for Temp disability and medical treatment. The uninsured Fund does not pay for any permanent injury. The fund will not pay until ordered to do so by a judge and only after the court has established that there is no insurance coverage for the respondent. The mere filing of the claim to join the uninsured fund does not commence payments. Typically several months will pass as the insurance issues must be completely resolved. At that point the fund has the right to take...
The respondent/insurance carrier has the exclusive right to select the treating doctors in New Jersey. They must be reasonable with the distance however. If they are making you travel more than 1/2 hour you should talk to an attorney. No hard rule on this but it should be reasonable distance unless a rare specialty is involved.
You can receive medical care if injured and temporary disability if unable to work. New Jersey workers compensation may provide an award for any residual permanent injury. However, the injury must be proven by objective medical evidence. Additionally, it will depend upon when and for what reason you were in the car.
You may select a new attorney. The maximum attorney fee on the file will not change, you will not owe two attorney fees. Rather, the attorneys will have to agree to a fee split or the judge will make the call. 12 years does seem like an unusually long period of time, rare, but not unheard of in compensation court.
I recommend that you make an appointment for sitdown meeting with the attorney. The attorney may not be aware of the difficulty that you are having with his staff. If you're still not satisfied after meeting with your attorney and still desire new counsel, please contact me.