Legal Question in Workers Comp in North Carolina
How long does a claim stay in the hands of the IC?
I injured my back on the job in 2005. My claim is now in the hands of the IC, and has been since October of 2006 or a little before. My attorney does not call and let me know what is going on with the case. I called in Feb. of this year and spoke to the lawyers assistant's assistant. When I ask to speak to the lawyer, I am always handed off to someone else, who promises to find out something for me, but never calls back. Do I not have the right to speak with my attorney directly? How long does a case normally stay with the IC? This has been going on for two years now, I have not been able to return to work, and the Social Security lawyer with the same firm I hired, I have not heard from him in almost a year. Is this normal?
2 Answers from Attorneys
Re: How long does a claim stay in the hands of the IC?
You have the right to speak to your attorney. I suggest you call to schedule an appointment to discuss your case and air your concerns.
However, the Industrial Commission and Social Security Administration both have huge "lag" times over which the attorney has no control.
Your job is to survive and try to be patient with the system. Good luck!
Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Re: How long does a claim stay in the hands of the IC?
No, that is not normal. Call the firm and say you want to schedule a meeting with the attorneys to discuss your case. A worker's comp case can stay with the IC for years and years. It just depends on what your case is about, what stage it is at, and whether the defense will ever settle. SSDI appeals usually take a couple of years before you get a hearing. Still, you should be able to talk to your attorney or at least set an appointment. Many attorneys are too busy or are out of the office during the day to talk to you if you call unannounced, but if you ask for an in-person appointment, they should accommodate your request. Good luck.