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How can I get out of a worker's comp claim that my attorney has dragged on for 18 years?

Joppa, MD |

How can I get out of a worker's comp claim that my attorney has dragged on for 18 years, promising a settlement that never comes and promising medical care that is repeatedly denied. I can't work and now have Medicare. I need knee surgery and can't wait anymore for a settlement that will be good only to the attorney. It will mean subrogation for me and the loss of my retirement pension, loss of my health insurance and loss of Medicare. Should I just ask the doctors to put me on P and S so I can get out of this unending case that gives me nothing? I have a rightful claim, but for 18 years, I have just become a pawn between the two attorneys and I am the one to lose. How do I escape?

Attorney Answers 4

Posted

It sounds to me like you need to find a new attorney.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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Posted

 
I am sorry to hear about your difficult and frustrating situation. You should contact a maryland licensed attorney to point you in the right direction. I am licensed in Florida, Georgia and Massachusettes, but not Maryland, so I am not able to give you advice for your situation. I truly wish you the best.

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Posted

you definitely need to consult with another workers comp lawyer. You don't loose Medicare when you settle a WC claim. However, Medicare has an interest in the future medical treatment portion of your settlement. Medicare is taking up to 9 months to approve Worker Comp Medicare set-asides. I only practice in Virginia. You need to speak to someone who has a strong understanding of Workers comp and how it affects other benefits such as your retirement and health insurance and social security disability.

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Posted

Thank you. Your comment about Medicare helps since my attorney is trying to get all future medical and that would be subrogated by Medicare. I was a CA teacher, so do not ever get social security. My health ins. will subrogate too. Thank you for taking the time to provide a thoughtful answer.

Posted

I am a Maryland licensed attorney in Bel Air. You can contact me to discuss your case in more detail. All consultations are free. 410-836-0225 www.kmulliganlaw.com

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