Help! Anybody familiar with Workers compensation?!?
Help Hearing next Thursaday!Insurance Company trying to dismiss my workers comp case…..
I had a workers injury in 2003 and I have been receiving money from the employers Workers Comp insurance every 2 weeks. I dont know why this case has taken so long other than my attorney is lagging but now I receive a notice to appear in court and the insurance wants to dismiss case for inactivity… My question is If my case gets dismissed am I responsible for all the medical and financial assistance from the insurance company?! Please someone help me ease my mind! Thanks in advance!!!
20 hours ago – 1 week left to answer.
In most states, if the judge does grant the insurance carrier a dismissal, it is without prejudice. This basically means you still have time to object (usually 20 days, but this varies from state to state). Unfortunately, since you have legal representation and a attorney handling your case, the judge may make this a final issuing order.
To answer your question, you are not responsible for any medical and financial assistance benefits prior to the date of the dismissal order being issued. Subsequent to an approving dismissal, you would be responsible after that date.
If you do not show up for the hearing date, the chances of an insurance carrier winning a dismissal are very good (unless your attorney has a really good explaination to tell the judge why you could not attend and why there has been inactivty on the case). So it’s best you show up with your attorney. The judge probably wants to ask what is your current activities, recent medical treatments, if you are working, etc. They probably want to know why there is no activity and why the case has not settled for 6 years ( a relatively long time in worker’s comp).
Some factors that may trigger a petition for dismissal from the carrier. Did you miss any medical examination appointments? Have you not been seeing the doctor consistently? Did you miss any legal date appointments, like a deposition? Are you no longer working with the employer where you got hurt at, despite a position being available? Case not ready for settlement?
Perhaps you and your attorney can iron out a settlement at the hearing this Thursday. Good luck.