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Why is the ins company in my workers compensation case taking so long to respond to a settlement

Tonawanda, NY |

i have been on temp partial for almost 3yrs now the ins co. sent me to there doctor for an ime/permancy status there doctor said i have a moderate partial disability and have reached mmi, my own md is saying i am 100% total temp. disability, i got hurt on the job 3 yrs ago with a back injury. after the ime a month latter the ins. co. tried to use my previous back injurys against me by sendind an addendum to the ime doctor and asking him to try and say that the previous injuries was the cause of my new injuries, the ime doctor said that my new back injury is 100% related to why i am injured now, i demanded a settlement ins. co. won't respond, they haven't requested a hearing for me to be classified, my question is are they trying to play games and not offer a settlement catch mewith a pi

Attorney Answers 3


Dear Madam or Sir:

What has your attorney said? Perhaps, they just don't want to settle.

If your case's date of accident is fairly recent it may fall within the changes in the law and you face a CAP on future benefits. In that case, you are better off postponing classification since that is when the cap starts to run.

You may always be followed; they are allowed to conduct surveillance. They may check to see if you are working for money or if you are doing things that a person could get paid to do. Don't go running around on your roof carrying heavy objects; it wouldn't do you any good with the Judge.

They can always offer a settlement later. The question is what are you going to do after you receive a settlement. If the answer is to simply "live off the settlement", then perhaps you shouldn't settle at all.

Good luck...

Leonard Feld

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You are confused. You are the party who want something to happen. You need to file a motion for hearing. It appears that you are not represented by counsel. That is a big mistake. You should hire a local attorney who is experienced in handling workers compensation matters. Your attorney would have explained that the insurance carrier has a perfect right to keep you under surveillance for as long as it wishes. You placed your physical abilities into question when you file the claim. By placing you under surveillance, the insurance company is simply exercising its due diligence to make certain that you are not exaggerating the extent of your disability. This will go more quickly and more smoothly if you hire an experienced attorney. Good luck.

If this information has been helpful, please indicate by clicking the up icon. 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. Links:

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1 comment

Leonard Bernard Feld

Leonard Bernard Feld


Dear Mr. Candiano: I wrote to you directly before; you are giving bad advice. Perhaps you should stick to matters in your own state. [Name removed by avvo]


You should contact a Workers' Compensation Lawyer in your area as soon as you can. You will not be paying the lawyer directly for their representation of you. I agree that you may be confused somewhat. Are you trying to obtain a section 32 settlement? If so, if you have ongoing medical expenses, I would not recommend a Section 32 settlment until you have reached permanency in many instances.

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