I am involed in a Ohio Work Comp I have a law firm on my case. It is a long story an it is against my lawyers Case is 4yrs old

Asked over 1 year ago - 26175

Started out to get surgery, denied. back an forth, now I am getting other health problems an lawyers will not return calls or emails. I get ask stuff that I need help on answers, I fill I am not getting help any more. They will get more money if they settle for MMI rather than fight for me. Is this a breach of contract. I dont have any say in it? My Doctor is fighting to get help for surgery. This story is much longer. I am now also on s/s disability an just got Ins. I am afraid that my back surgery is going to be my Ins. an my pocket.Lawyers are under contract also? To help me an they, I feel are just stopping where they can get the most cash?

Additional information

I was trying to make short, an I said against my lawyers. But OBWC is the ones tht denied almost every test an used all they could to avoid surgery agianst 7 doctors an 3 surgeons. So far pills is about all they have approved, an stopped acouple. Lawyers will not call me back so I even no what I should or not do,or what to say? I thought hiring a lawyer was to help me. I believe they are going to shut me off, an maybe last chance to get surgery?

Attorney answers (3)

  1. Kurt Matthew Young

    Contributor Level 9


    Lawyers agree


    Answered . First, what you are describing is a typical Ohio Workers' Compensation claim. Your Managed Care Organization or MCO for short is the source of much of your trouble to date from the sounds of it. They are like an HMO for workers' comp that your employer picked and they are the ones denying your treatment. MMI does not do your attorney or you any good. Your claim will not now simply settle because of this. In fact, settlement is rare < 2% of claims settle, and not profitable for the lawyer, the average settlement in Ohio is < $10,000. Depending on where you heal up on the road to recovery, you may have 4 or 5 other benefits besides the Temporary Total (temporary time off work benefit you have been receiving).

    That being said, while workers' comp in Ohio is a hugely high volume practice, where most attorneys have to have hundreds of clients to stay in business, you should be getting better service than this. I would suggest you contact your current attorney and demand they meet with you, explain your situation and address your concerns. If they don't, then it's time to find a new attorney.

    When selecting a new one, you want to find an Ohio State Bar Association Board Certified Workers' Compensation Specialist, in the city where your hearings are held. This is a highly specialized area of law, with highly technical concerns, and is one where you need someone on your side who makes their living doing this kind of law. Anyone like this would meet with you on a no cost, no obligation basis.

    Best of luck on your continued recovery and if you're in the Toledo or Lima area, consider contacting us.

    This answer does not constitute legal advice for your situation and no attorney-client relationship has been... more
  2. David Andrew Mallen

    Contributor Level 14


    Lawyers agree

    Answered . Try to get a referral to another workers comp attorney there in Ohio for a second opinion, if nothing else to put your mind at ease.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  3. Larry Alan Apfelbaum

    Contributor Level 13


    Lawyers agree

    Answered . Would suggest you make appointment go see your attorney with list of questions and if you not satified with the answers get a second opinion. Its your case and you deserve to know what is happening and why, and be sure to ask your attorney what there plan is to get your surgery and how long each step in the process should take. That will give you a way to monitor the progress of your case. At the end of the meeting ask for a confirming letter for your records.

    Best of luck to you.

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