Legal Question in Workers Comp in Virginia

How do i know my lawyer is doing all he can to settle my workers comp case

I Need to know that my lawyer is doing all he can for my case, I have to call him to check to see if there has been any news like every two to three month, he tells me that it may not ever settle? I was hurt on the job 5 years and 6 months ago I have three herniated lumbar disc and 1 bulgeing, I feel like he is not active on my case, what should i do, how can i know he is doing all he can? Can he take it to the commission and make them settle?I am do to have a spinal cord stimulator done and i called to see if we need to adjust my medicade set aside, he says no, the amount that was set was when i was only taking meds, now this surgery is very expensive and has long term care needed, BUt he said that it is up to the insurance company and medicaid to decide, But he was the one who got them to do it that last time. I am afraid that if i leave him that no one else will take on my case? There is much more to this story however running out of room.. Any Help?


Asked on 10/19/08, 6:15 am

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: How do i know my lawyer is doing all he can to settle my workers comp case

Dear Sir:

I have written an article on what factors are important in settling a case. You can email me at my email adress and I can email it to you. You do not have a right to settle a WC case. The insurance company can decide to just pay you weekly compensation until the end of the 500 weeks. If you have been receiving WC comp for 5 years and six months, this means you have alreay received about 286 weeks of compensation. This means the ins co may only have to pay you 214 more weeks. Your medical care is not up to the ins co to decide. It is up to your TREATING DOCTOR. He decides on your medical care.

Jerry Lutkenhaus

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Answered on 10/19/08, 12:49 pm


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