Legal Question in Workers Comp in California
my mother passed away in june of 2010 she had an existing workmans comp cade that was setteling in july of 2010.the case had ben going on for a number of years.i spoke to the attorny of record who told me that their was no settlement being my mother passed before july's settlement date.the attorny then told me that they would have to see what if any money was left do to 3 advances my mother took ?i dont beleive for a minute that she took anyadvances & i feel that the attorny is straight lieng to me.
1 Answer from Attorneys
If an injured worker dies before settlement of a claim, then the insurance company is only obligated to pay out any monies that were due and owing at the time of death. Ask the attorney to send you a copy of the benefit printout to see if your mother was paid any of the advances. Then ask the attorney if any was due after the advances were paid out.
You should know that the attorney in your mother's case will likely not receive any money for his or her fees on any settlement, except, perhaps, 9-15% of what was already paid out, since your mother died before the settlement.
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