Can I sue my workmens compensation insurance company if they stop paying my bills? 18 Answers as of May 29, 2013

I'm having a huge problem with my workmen's compensation that I settled with them with open medical. I've had 10 surgeries on my left arm, ending up with a fusion of my left wrist and permanent nerve damage. My pain doctor and my orthopedic, just set me up with a neurosurgeon. My comp. Insurance stopped paying all my bills, every single one of them. I have a new adjuster. He will not return my lawyer's or my calls. My attorney has been trying to get a hold of their attorney, and their attorney will not return my lawyers calls either. It's important that they call us, because now the cut me off all my pain meds. I'm on perecet & morphine pills. I went to pick up my meds two days go, and they told me my comp denied all medicines. I am going through major withdrawals. Can we go after the commission for this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Melvin Franke | Melvin Franke
No, you need to file either a hardship motion with W/C or a contempt petition in circuit court after filing your Stipulation for Compromise Settlement in circuit court.
Answer Applies to: Missouri
Replied: 8/14/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Listen to your lawyer.
Answer Applies to: Michigan
Replied: 8/14/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
Your attorney should be able to re-open your case and seek an order requiring the insurance company to comply with the prior agreement. If you succeed, they may also have to pay your attorney fees.
Answer Applies to: Michigan
Replied: 8/14/2012
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Answer: Work with your attorney who settled the case.
Answer Applies to: Iowa
Replied: 8/14/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
You have a lawyer you must speak to him. I cannot suggest anything when you are already represented by an attorney.
Answer Applies to: Rhode Island
Replied: 8/14/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    From the facts you list , it appears that you should get a hearing on the "open" medical that is unpaid.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Cleveland & Metz
    Cleveland & Metz | Charles Cleveland
    The answer to your question is no, you cannot sue the workers compensation carrier however you do have several remedies. If your case has been stipulated with an award, your open medical for life should be provided for. If your treating doctors are prescribing medication and treatments that are part of your stipulated open future medical care, insurance company should be authorizing it. Many insurance companies are using utilization review departments to routinely deny care. If your case has an agreed medical examiner or a state panel qualified medical examiner, then there should be no utilization review process in the determination of your medical care. If your stipulation is based on the treating doctors, the insurance company should be following your treating doctors recommendations however this may be subject to utilization review obstacles. If your insurance company continues to deny you care, your attorney can file for an expedited hearing on the issue of medical care. If the denials are unreasonable, you can file for penalties under labor code section 5814. If the insurance companies conduct is egregious, you might be able to request bad faith sanctions under labor code section 5813.
    Answer Applies to: California
    Replied: 8/14/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You need to speak with your own attorney about that. Usually, worker's compensation is the province of L & I.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Call your lawyer and demand he file for a hearing.
    Answer Applies to: Virginia
    Replied: 8/14/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    What it appears to be happening is that your claim is being controverted by the carrier. A hearing will be set up wherein all evidence will be presented with regarding to continuing your benefits. If the judge sides with you, he will continue your benefits and have it paid retroactively.
    Answer Applies to: New York
    Replied: 8/14/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    If you already have a lawyer you should talk to him or her about your options in getting the workers' compensation insurance company to pay your bills. Your attorney is in a better position to know what to do than me, when I only have limited information and do not know exactly what has occurred in your case.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't sue them, you can take an appeal to the Worker's Compensation Board.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    If your settlement (redemption) leaves the medical bills open, then you certainly can sue. Get a copy of the redemption order and make sure that you left the medicals open. It is not common for an insurance company to do that; usually, a redemption is a full, final and complete release of all further liability. If the order states the medicals are to remain open, then go back to your previous attorney and let him/her earn another fee suing the company.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Have your attorney file a "review reopening" and start your action as required by Iowa statute in from of the Industrial Commissioner's office.
    Answer Applies to: Iowa
    Replied: 8/14/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    You should speak with the attorney who already represents you to get the answer to this question.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney