How long can an ex-employer get away with ‘hold up’ the paperwork on a settlement for a workers comp claim.
We’ve come to an agreement but they keep claiming ‘paperwork is in the mail’ and our lawyer has been trying to get a response from them regarding this ‘agreement’ for 6 months. How long can they do this? Until this is done they won’t even approve my medicine and my husband is driving me nuts over it.
This is to close out the claim. I already had my knees operated on. I met my MMI. We came to a settlement agreement. Now they’re playing with the final paperwork after 4 years.
Also, it was a privately insured company. My lawyer seems a bit stumped too. I am sorta feeling like I’m swimming up river.
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contact the Labor Board in your state…they WILL work with you !!
Your attorney needs to contact your state labor board. It is not up to the employer to decide when they should submit paperwork and make good on the claim. Tell your attorney to stop messing around with the employer and do his/her job….they should know the law!
Yes, they will work with you and many have advocates available to help you push the process along. You are a taxpayer and they are a business and taking your side is always good press in an election year. There are other reasons they do that, also. They are there to represent you, not the insurance companies.
That is what you Lawyer should be answering…….he has to go after them and speak to the Judge that would handle the case if it went to court!
The labor board seldom has anything to do with a WC claim. The
department of Workers Compensation or comp court does. Just because
you agreed to the settlement, and signed off on the paperwork,
there is no guarantee you will be seeing a check..the
employer/carrier must also agree, and sign off on the documents…
then a judge at the court must review for adequacy…which can take
time. There is nothing you can do to expediate, or force the lump
sum payment to close your WC claim. Until that does happen, you are
entitled to continuing medical treatment, including medications,
according to the process for UR/utilization review of a Dr’s
request, and medical necessity. You’re just going to have to let
this play out. If the PD indemnity has not been satisfied/paid
out… you should be continuing to receive those bi weekly checks.
Barring any other action…your atty can file for a hearing with
the comp court. WC laws are state specific, since you did not
provide your state… it would be difficult to provide relative
statutes for you.