Legal Question in Workers Comp in Florida
Washout/Settlement
The carrier's ins. wants to do a washout (injury was 9 yrs ago).They made an offer & I agreed;however, AFTER I agreed, they sent me many forms that were not mentioned @ time of agreement (to fill outj( that I feel they have no business knowing, i.e., my present employer,current wages,& to make it short, they want me to answer everything about my life since the accident. They want my education, other doctors I've seen (other than their doc), etc,etc. They don't have any business knowing anything other than what they paid for. They even went so far as to say I could only get palative care, no invasive treatment, e.g. surgery, injections, etc currently. I won full lifetime coverage for my injury & feel they have no legal right to limit anything that is necessary (at least until both parties sign/agree. They also keep scheduling depos then cancel'g them. I am confused & feel they have overstepped their legal boundaries. What should I do? I have an attny that doesn't call, let me know what is going on & sends papers via mail & they contain no directions or explanations. Basically, I'm confused. Please advise me on my legal rights which are all I've ever asked for Respecfully
2 Answers from Attorneys
Re: Washout/Settlement
First I would recommend your contacting your current attorney and requesting an appointment to sit down and talk face to face with him/her. If that does not fix the communication problems you seem to be having then you could consult other attorney's in your area for help. By firing your current attorney and hiring another attorney to take over the handling of your claim you will end up paying two attorney fee's. Your initial and current attorney will lien your case so that his/her fee will be satisfied and then your new attorney will also have a fee for their services. I am unsure as to why the insurance carrier would be requesting additional information from you if your claim has been settled? Regardless, the scheduling of depositions is common and if they go forward with your deposition they will be permitted to ask you the questions you reference. They may also place surveillance on you as well. Some of these questions they may be asking in order to complete the settlement documents but the person who holds the answers you are looking for is your current attorney and if he/she has represented you for the past nine years that is where I would start first.
Re: Washout/Settlement
I think you need to sit down with your attorney and get the answers you need. Or get a new attorney.
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