Legal Question in Workers Comp in California
Eviction Notice-Lawyers nowhere to be found
After almost 3 years of representation, and being called their ''golden child'', I m about to hit bottom and all my lawyer can say is ''too bad''. I was hit from behind at 60 mph on a job site in May 2000, and developed Dystonia, of which there is no cure. My shoulder was literally ''stuck to my ear'', and I was crippled and in intense pain for years. As of Oct. 2003, Insurance Co. finally agreed to the installation of a Baclofen Pump, and I'm starting to straighten out, and the pain is diminishing. I just started the Physiacal Therapy, when things started to unravel- My W.C. checks got delayed at the beginning of the year and I'm ALMOST a month behind in rent. We have an unreasonable landlord who is starting the eviction process (we've been here 6 years). On top of it, my girlfriend (who takes care of me) just had her car go out (clutch). My next check isn't due for another week, but even then, it won't cover both. I called my lawyer to see about an ''advance'' or something, anything to help, and his reply was - ''too bad, we were so close...'' Do I have any alternatives, or will we end up on the street?
1 Answer from Attorneys
Re: Eviction Notice-Lawyers nowhere to be found
If your lawyer asks for an advance the insurance company may refuse just because they don't want to advance the funds.
If you are still getting temporary disability, but there is an indication you will have some permanent partial disability, it is possible to ask your lawyer to file a request for commutation of your future permanent partial disability award. If you are already receiving permanent partial disability, you can seek commutation of the award to pay your current expenses, if you can show the need and what will happen when you get an interruption of the benefits in the future that you get advanced now.
Settlement is usually not desireable when further medical needs are substantial, but if an appropriate settlement can be entered into, the carrier will sometime agree to an advance as part of the settlement.
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