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I've been fighting a workers Comp case since August 8 2013 and have been without cash benefits till this day April-9-2014

Jamaica, NY |

Is it it time for me to switch attorneys ? Or should I continue being patient I'm begin to run out of savings and this is taking. A toll on my family life.

Attorney Answers 6

  1. Best answer

    Dear Madam or Sir in Jamaica:

    Well, you left out a little bit. It sounds like the Carrier is CONTROVERTING your claim; that means they are disputing the fact that you had an accident at work, caused by your work. Your attorney cannot stop them from such an objection. The case needs to be scheduled for you to testify as well as any Employer witnesses.

    If the claim was filed eight months ago, such a Trial should have taken place already. If there was an Appeal, that could put everything on hold for a year; your attorney cannot help that delay either.

    You didn't state your attorney's name; I could tell you something about him if you did.

    It is difficult waiting for the wheels of justice; be patient.

    Good Luck

    Leonard Feld

    The foregoing is based on the little information provided; additional facts may change the comments given.

  2. The legal process takes time, so I would recommend patience. But follow-up with your attorney and see if he or she will give you a timeframe for resolution.

  3. Have you had a hearing before an Administrative Law Judge?

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  4. Make sure that you understand the process and where you are in that process. Only then can you make an informed decision as to whether your representation is effective.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

  5. I would agree with the postings that you should try to remain patient. If your case is being controverted (disputed) by the insurance carrier, the litigation process can take time, including witness testimony, medical depositions, as well as waiting for a hearing or decision from the judge. From your end, I would make sure your attorney has requested a hearing before a judge. You certainly have the right to ask your attorney questions regarding the process, but at the same time, simply switching attorneys is not always the answer, and can create additional delays in the process.

  6. Without knowing anything else about your case, this seems to be a communication problem between you and your current attorney. I suggest you make an in office appointment to speak with your attorney to try to figure out why you have not received any benefits. I am not aware of whether you are currently working or what injury you have sustained, but your attorney would be the best person to keep you abreast of the happenings (or lack thereof) in your case. Your benefits depend on a myriad of factors including proper medical evidence, whether you have an established claim, whether your claim is controverted etc.--these are all things that your attorney can go over with you.

    All comments and/or opinions are for general information, and should not be used as legal advice. In addition any comments and/or opinions do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.

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