Does WorkComp case last this long? 2008-Present

Asked 10 months ago - Oceanside, CA

I have documented health issues dating back from 2009 that I just found out about. My lawyer last week withdrew after mediation if I didn't take the settlement. Now I received a letter of lien from her smh. I have to see the judge in 3months. I have documents of carbon monoxide leaking into cab of one truck but the other truck that had been leaking for years are missing?? I'm scared of getting another workcomp lawyer because what I'm going through is similar with others I've researched. My lawyer lied continuously and tried to get me to settle for hundreds after years. My mediator after trying to get me to settle last week after pulled me to the side and verbally understood my decision. The documents that are missing are also related to two deaths that was ruled health issues. Union Smh!

Attorney answers (3)

  1. Steven Joseph Alves

    Contributor Level 11

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    Answered . Yes, workers' comp cases can take that long. How soon a case resolves depends on many factors including, timeliness of an applicant's recovery, whether there are problems with the discovery process (missing documents), among many other factors... For what it's worth, there are many cases much older than 5 years old in the system.

  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

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    Answered . The simple answer is YES. The case will take, MINIMALLY, as long as you take to get better + time for litigation. It is hard to understand how CO2 poisoning is affecting your health 5-6 years later. Unless you have an expert who can provide causation, I must agree with Mr. Bollinger.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  3. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

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    Answered . Work comp cases can last for years. Your post makes me think that you do not have a very hood case and you should probably settle. If you cannot prove your claim due missing documents then you may have a loser of a case.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more

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