What could I do if worker's compensation won't communicate with my attorney? 10 Answers as of June 30, 2015

I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job wont let my come back unless I am free from restrictions and free from doctors care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost. and yes i do have a lawyer but it seems as if he cant do anything either. workers comp wont communicate with him or email back they wont correct my amount or back pay me so I'm like what do I have a lawyer for again?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I am very sorry for the trouble you are going through. You should either put some pressure on your lawyer, or discharge him or her and find a new one. This is the first time I have heard anyone claim that Workers Comp. entities will not communicate with their lawyer. It is possible that the lawyer is just sitting on his duff and not doing anything. Get a new lawyer if you can't get yours to act right away. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
You are not alone in the nightmarish workers comp.system. Every treatment will have to be approved by utilization review, you can only treat with insurance MPN doctors and s on. You'r attorney must use the QME or AME process to get your case moving so that you can resolve the case and determine the future care,possibly settle the case by a C&R or Stipulation in case you want to keep future meds open.
Answer Applies to: California
Replied: 6/30/2015
Law Offices of George H. Shers | George H. Shers
First, you need to speak with your attorney to be clear as to what your rights are, what can be done, and how much you might eventually get [it is too early to know a lot yet because you do not know what your injury actually is, etc.]. If the insurance company is doing so many things wrong [which would subject them to penalties], why has your attorney not yet filed a formal Application for Adjudication and asked for a hearing? Maybe you need a new attorney but I can not even guess at that without knowing many more facts. You need to have a detailed conversation with your attorney [not the case worker on the file] in order to decide what to do.
Answer Applies to: California
Replied: 6/30/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
With all due respect, your attorney has the means to force a Hearing and compel the insurance company to pay your benefits, if you are entitled to them. The insurance company doesn't have to talk to your attorney and it's not your problem if they refuse. All of the tools are there if your attorney knows how to use them.
Answer Applies to: Illinois
Replied: 6/29/2015
Ty Wilson Law | Ty Wilson
You may want to consider another lawyer. Your lawyer has the ability to file a hearing and bring everyone to court and let the Judge hear your case. You should speak with him/her and find out if that has been done. You need to have a heart to heart with you lawyer, if they do not know what else to do, then you should terminate your lawyer and find someone who does. Make sure you have spoken with your existing attorney prior to firing them as there may be a very good reason why the attorney has not filed for a hearing. Good luck.
Answer Applies to: Georgia
Replied: 6/29/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You are blaming too much on the work comp event. Your attorney should know how to move your case forward starting with mandatory mediation, which can easily take a month to 6 weeks to complete. Then a petition for trial in the Work Comp Court can be filed and tried within three months.
    Answer Applies to: Montana
    Replied: 6/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You may have no other option than to file suit. Discuss your options with your lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 6/29/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The insurance companies do this to people, and that's what the Worker's Comp board is for. Has your lawyer filed for a hearing? It doesn't hurt to start interviewing other lawyers if you think this one is not effective. You need a lawyer who does worker's comp as a mainstay, not a sideline. That's why I don't do worker's comp, I refer inquiries to a lawyer I know who does mostly workers comp and very little else.
    Answer Applies to: New York
    Replied: 6/29/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Let your lawyer worry about it. That is why you pay him/her the big bucks. At some point, there will be a trial date. So whether or not they communicate with your lawyer, they will have to show up for trial.
    Answer Applies to: Michigan
    Replied: 6/29/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    If there are legal issues that can be addressed by a judge, your lawyer should file an application for hearing. You may get the issue of your lost wage benefits addressed, but I'm afraid workers' comp won't be liable for your apartment or utility issues.
    Answer Applies to: Colorado
    Replied: 6/29/2015
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