Legal Question in Workers Comp in California
Unpaid claim from past injury
I have recently been contacted by a law firm wishing to assist me obtain an outstanding insurance claim. The only thing I know of is a workers comp claim that I never cashed out of fear - I was not sure if I would loose my right to future claims if I took what was offered. I was originally declared 5% disabled, then required another surgery 2 years later. I was then declared 10% disabled after a QME exam. I signed a document early on in the process which described me as unrepresented, of course - I was told later that I would not be able to use an attorney to assist me.
Fast forward about 8 years and I still have not finalized the situation - that is, I never accepted (cashed) the offered check. Now a firm would like to take 10% of the total claim in payment for their assistance. They list the insurance company and a ''property ID #'' along with a ''type'' listed as insurance claims check. Do I really need these guys? I tried today to get information through the insurance company - but the maze was quite long... left messages with the ''department'' that takes care of California claims. Your advice? I am not afraid to work for the payment in time spent on phone or internet.
2 Answers from Attorneys
Re: Unpaid claim from past injury
Without looking at your records, I can only speculate. If you want specific questions answered, then I suggest you contact an attorney. What has happend in your case is the insurance company dropped the ball. The case is still open and the adjuster should have made an effort to close the case either by Compromise & Release or Stips and Award. With the latter type of settlement, you should receive a bi-weekly payment of permanent disability, if you have not already received it entirely, plus open medical relating to any future medical treatment.
In your case the fact that the claim has not closed means the new regulations mandated by Senate Bill 899 apply, so you might be requried to undergo more examinations etc before the case settles.
By law, attorneys representing applicants before the WCAB are limited to 10-15% of any recovery. In your case that means PD. With only 10% PD and the new rating schedule coming on board very soon, your case is probably not cost effective
for an attorney unless there are penalty issues relating to medical treatment. If you receive $10,000 in PD, your attorney would be entiteled to $1200, or $1500 with extradinary service. However, that might be a good payday for a single trip to the WCAB and only minimal litigation. You do have the option of calling the information and assistance office for free advise on settlement, and IA can help you settle. In fact, if you settle through IA, the judge will review the settlement for adequacy at not cost to you before it is approved.
Re: Unpaid claim from past injury
You have a constitutional right to legal counsel.Call me directly at (619) 222-3504.
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