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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

Posted

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.

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Asker

Posted

Mr Feld I cut my neck open with a angle grinder my employer rushed me to the hospital due to the amount of blood I was losing I received 5 stitches. The carrier accepted my claim and I've been receiving treatment since the day of the accident . I had my first hearing March 24 2014 and I was awarded loss wages and weekly benefits . The filing the decision was made March 27 2014 the insurance carrier is 13 days late on payment that judge awarded me . Am I entitled to 20% late fee ? Thanks I appreciate your detailed answer .

Leonard Bernard Feld

Leonard Bernard Feld

Posted

Dear Asker: Well, that is a different story than you originally told. Look at the date in the lower right hand corner of the Notice of Decision, EC-23 for the fiiing date. Counting from the day after as number one, count to the tenth day. The Carrier has to issue a check on or before that tenth day if they did not appeal. They have 30 days to appeal, so I would not suggest you call the Carrier until the 30 days has elapsed; why give them a reason to file an appeal just to avoid a late payment penalty. It is a 20% penalty on the money that was due. Good Luck Leonard Feld

Posted

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.

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Posted

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.

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Asker

Posted

Yes I had my hearing on March 24 2014and the filing decision was made on March 27 2014 it's already been 13 days still haven't received my award am I entitled to the 20% late fee?

Posted

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.

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Posted

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.

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Posted

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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Asker

Posted

Thank you so much for your detailed answer.

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