Lawyers dropping the ball?
 

I'm getting frustrated. My accident was 30 weeks ago today, and I've still not seen a single drop of income replacement. I was notified in august, after months of back and forth on paperwork, that I was being approved, but it seems like my lawyer, or more correctly the paralegal who has been working on my file, has dropped the ball over and over. I send emails, but they are not replied to for a week or more. She requests information, which I send, then when I ask the status of my claim, she says she needs the information which I already sent her. Today I got frustrated and simply REsent the emails I had originally sent, stating that I had already given her the info she wanted in several different emails...

NOW, my insurance adjuster won't get to my file till late next week, and I am just frustrated. IS there any recourse once you've gotten yourself a lawyer? Tjhis is a bit ridiculous, and I am ready to call this paralegal's boss.

What kind of insurance claim /lawyer is it?

workers comp, private medical, or accident/injury covered by another party?


During my work comp claim I got best results by faxing my questions - calling or email nothing..
I got a used fax from thrift store just for the paperwork/communications during the claim.

I think you can set up email to be sent as a fax, but i never tried it.

I would call the boss and let them know what is going on.

Fwiw, my lawyer and his assistant are very responsive. Usually same-day response, often within a few hours. Not cheap, but I feel I am getting very good representation (I actually got a second opinion from a highly-regarded lawyer in the field, who reviewed the legal correspondence in question and concluded that my lawyer was doing a great job).

I do think the quality of service varies a lot. Would it be prohibitively expensive or difficult to do some research re disability lawyers, and possibly switch to a better / more responsive one?

lawyer
 

I get frustrated to. My lawyer is fair but I don't think they are taking my case all that seriously. Called them today and even though I have done everything they have asked the paralegal grilled me because the WC doctor won't give me a referral.

She seemed particularly upset that I am pending return to work and the WC insurance did not tell them. Practical yelled at me for that and said I have to inform them of whats happening. I had to remind her I was the one who got hit in the head by several hundred pounds of metal. I told her the noodle does not work as well and I would do the best I could.

After a discussion that lasted longer than anyone liked, left me with a headache, she said she was calling the WC ins and would call me right back. That was over 4 hours ago. Going to call her now.

I'm in the UK but for what it's worth, I had a lawyer like that and found a new one. The new one has been excellent and will respond to me usually within the hour. He also seems to go out of his way to help me with things.

When I decided to switch I phoned just about every lawyer in my city. I went with him because we spoke for almost an hour...most others seemed like they wanted to get me off the phone or didn't really know what they were talking about. Is there any way you could switch?

Lawyer
 

Possibly but as injuries go I look great. Memory, cognition, back issues are my primary concerns now. I am at three + months post accident and have made huge changes from when things were at their worst. Return to work is one week away and part time at that. So I am not sure if I could even find one in that time.

One of the problems with US Work Comp law is the lawyers are often very restricted in the fees they can claim. This means they have to work their help/paralegals hard. They can not afford to be as responsive as a fee for service attorney or a personal injury attorney who can get bigger fees.

I could not even get an attorney to represent me with my claim. California WC law pays claimants attorneys very poorly. Very few will represent an mTBI claimant.

Camyam, don't hesitate to call the paralegal's boss and sort this out. It could be the paralegal is over worked and dropping the ball or could be they are just incompetent.

Call and explain the situation and let the boss know you want better service (think about exactly what you want, example better communication... concrete things) The boss probably can't get you your money sooner (unless its truly their screw up and not just due process) but they can be responsible for not losing things and keeping you up to date.

Starr

Fees
 

Paralegal told me thier charges will be 20% plus expenses. While not being sure what that works out to be or how this will play out for me. I feel it is well spent and worth protecting my health and sanity. Even though the case manager and occupational nurse told me not to worry about the bills.

They were rolling in and I was starting to get threatening letters in the mail. It is unlawful to do so in this state. There exists no mechanism to stop that from happening. I could read the writing on the wall. While the writing is different the message is the same.

WC ins wants me declared clear to work. My co-workers want me back. As I told th Dr. I don't feel it is safe for me or others for me to be in the work place. I work in a manufacturing facility. There is a very real risk to me and others if I return but I am going to do as I am told by the Dr.

If I am hurt again or hurt another then that is on them. I have repeatedly and insistently voiced my opinion. I can not stay out of work as I need to pay my bills like anyone else. I am not independently wealthy. What little my wife and I have saved would not last long.

My inlaws have offered to pick up the lions share of the financial burden if I find myself unable to work for health reasons and unable to convince the Dr. It made me cry to hear that but that is the last thing I want. It would mean sacrifices for everyone and a serious alteration in lifestyle. I want to be self dependent.

IT's a private lawsuit, no WC (or WSIB here in canada)... I pay 20% of my award to the lawyers, and their fees are all paid by the other insurance company. It's no pittance to be sure.

I'll be contacting her this week, and will be asking a few pointed questions. IF no response I'll be contacting the head office to complain about the paralegal that I'm assigned to.

Lawsuit
 

Request to speak to your lawyer asap. Be direct and frank. Do not worry about hurting feelings. You need knowledge. Legal cases don't have much room for kindness but remember to be civil. You may not like what you hear and may disagree but you do not have to be disagreeable. Take someone you trust with you. I do as have a terrible time with my memory. Start a binder with seperations and track everything.

I have restrictions but want to return to work and work wont let me!!
 

I am curious. I have orthopedic restrictions. My employer ammended my departments job description to include a 50lb lifting restriction (my work doesnt generally require lifting) to avoid allowing me to return. When the Neuro docs put return to work notes to my employer stating some basic recommendations, they would not allow me to return either.
I am not sure I will be able to do the same job I had been doing as it was highly functioning and required multiple projects getting accomplished simultaneously. I want to return to see if my cognitive abilities would prevent me from performing at the same pace. Sure I could go get a job checking customers bags as they exit costco but there is a big difference in a job that required a basic low demand on the brain vs a highly functioning one. I was in an auto accident so I need to know how well I am now functioning as apposed to before the accidebnt before any settlement were to take place.

Dirty tactics
 

Sounds like dirty politics to me. Maybe illegal but I don't know.

If your case is a "workers comp" case EVERYTHING goes extremely slow. know this your case/injury is very personal and real to you but to lawyers you are just another client.

wc issues...
 

Yes I can tell this will take awhile. I am just suprised that my employer has handled other persons with "illness" such as cancer etc with compassion and I am someone who is trying to return to what life i had prior and they are road blocking. In a way this has caused more issues such as anxiety etc that are contributing to my PCS.

rmschaver - how has your employer been as far as your job etc....

It's a non workers comp lawsuit, but atm the insurance company for my car is trying to verify that I did not and will not receive WSIB.

My employer has been a complete write off since my accident. Not once asking how I was doing, and I only ever received one email from them after the accident, and it was an OOOPS. I was up for a promotion at work, and before I even decided to file a lawsuit, they had dropped me like a hot potatoe. I will have no job to return to, even if I were not filing a lawsuit, since my job was seasonal, and I therefore technically had no contract, and they had no obligation to hold a job for me.

My paralegal has finally been a little better with me, and I hope to see some benefits coming in next week.

Employer
 

My employer is very politicaly and profit structured. The executive level is staffed by several proffesionals who recieved there degrees by a prominent law university. My co workers are mostly stand up and with them I know who will look out for me.

The HR structure is awful. The safety manager has the occupational nurse in her pocket and is focused on cost management. I am at 4+ months from having a fire door fall on my neck and skull. I should have seen an orthopedic dr a long time ago. Nuero and or WC are stalling and trying to stone wall.

Today was my first day back PT and the Hr safety mngr, nurse, my supr, and another safety guy were all lined up waiting for me. I am certain the HR safety mngr would like to see this end and quickly. She says she is concerned but her poker face is awful.

Personally I want now what I wanted when the bottom fell out. I want my health concerns addressed. I want to go back to my job. The nuero told me he thought I was type A. A very high functioning 120 % kind of guy. He said most people only are about 80% and I should think about adjusting.

This whole proccess wouls be alot easier if I didn't have daily headaches that are occasionally severe. I also have back pain so severe there is no physical activity for me anymore and I have to take some pretty heavy narcotics to cope.

Worse yet the nuero keeps saying I have to build up a tolerance to it, and keep pushing myself. What a moron.

WEll, my coverage has finally started... it's about 1/2 to 2/3 of what I was hoping/expecting, but I guess it's better than nothing. I've requested to see how they worked out my benefits, since I think it's a little off... but I'm just happy that something has come, and will continue to come for the next while.... And for once, my paralegal emailed me before I emailed her! I think she's realized I am less than pleased...

Congrats camyam! Something IS better than nothing.

I'm starting to really notice that since there won't be anything for me... my rehab team is trying to convince me to file a private lawsuit, since I'm now out of extended health benefits with my husband's employment and the rehab bills are starting to come out of our own pockets. So much NOT covered by our health care system!! But I'm not keen to file a lawsuit, in my case, I just don't think its right.

Starr