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Delayed Workers Compensation Hearing It is not uncommon for a hearing to be reset three or even four times depending on the complexity of the case.

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Is there a delay in your workers’ compensation case?

The hearing can often be scheduled months away, and both parties need time to gather evidence and prepare their arguments for the judge. The overwhelming majority of readers, 90%, believed that there was a delay in their workers’ compensation cases. We asked our readers to report what they believed to be a source of delay in their cases.

When to get a lawyer for a Workers Comp case?

When You Should Get a Lawyer for Workers Compensation As soon as you decide to contest the settlement decision. At that point, workers compensation can quickly turn into a legal jungle of paperwork, deadlines, depositions and evidence gathering. It’s easy to get lost if you don’t know what you’re doing. What an Attorney Will Do for You

Is your lawyer dropping the ball on your Workers’ Comp case?

If you’re unhappy with the way your workers’ comp case is going, you may feel inclined to blame your lawyer. But the workers’ compensation system is often a slow and frustrating process. So how can you tell whether the problems in your case are unavoidable or whether your lawyer has dropped the ball? Read on for tips on recognizing the difference.

How many times can a court postpone a case?

In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal. There is no definite rule on how many times a court can postpone a case.

Why is my case postponed?

Usually case are postponed because they are not ready for trial. Don't complain. Case can be postponed indefinitely, until the judge says he won't postpone it anymore. Ask your attorney what awaiting trial means, beyond the obvious.

How many times can a case be rescheduled?

A case can be reset as many times asa Judge allows a case to be reset. There is no statutory limit on the number of times a particular case can be rescheduled.

Do cases get better with older witnesses?

As a general rule of thumb (though there are certainly exceptions), cases usually get better for the defense the older they get. Memories fade, witnesses don't want to come to court anymore, officers might have retired, been fired, moved, etc. 3 found this answer helpful.

Who is requesting a postponement?

Postponement requests can come from the prosecutor, the defendant, and sometimes the judge himself postpones the case in the interests of justice. There can be many reasons why a party may request ...

Can you claim a speedy trial if your attorney is requesting a postponement?

In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal... 0 found this answer helpful. found this helpful.

What happens after a deposition?

After you testify at a deposition for your workers’ compensation case, you may wonder what happens next. Or your lawyer may take the deposition of a doctor or another witness, and you want to know how that testimony will help your case. Sometimes, the time just after a deposition can be very important for your case.

What is a deposition in court?

A deposition can be used in a court proceeding. It is a signed statement about the person giving them and what occurred. The judge may refer back to this document a number of times. It is vital to make sure the deposition is concise and clear.

How long after a deposition do you go home?

After Your Deposition. When you testify at your deposition, you may go home after a couple of hours not knowing if you helped or hurt your case. Not all depositions have a big impact on the case. You may answer all the questions perfectly, yet the insurance company persists in denying you benefits.

Who receives copies of a deposition?

Each party and their attorneys will receive copies of the deposition that has been transcribed and review its content. If any revisions or clarifications of the recorded statement are needed, the stenographer will make the required modifications.

Can you depose other witnesses?

Taking the deposition of other witnesses besides you, the claimant, is not that common. Your lawyer may decide to take a deposition to get more information or confirm someone’s position on your case under oath. This can help you build a case in preparation for a workers’ compensation hearing. Also, deposition testimony that is damaging for the insurance company can lead to a better settlement. For example, a doctor may confirm the extent of your injuries or an employee may agree that you were injured at work.

Can insurance companies settle after a deposition?

Alternatively, the deposition may have confirmed that your case is not so strong, and the insurance company wants to settle to avoid spending more money defending its claim denial. In either situation, you may hear from the company’s attorney within a couple of weeks after the deposition. If you have a lawyer, your lawyer should reach out to update you.

Can you attend a deposition after a doctor's deposition?

If your lawyer takes the deposition of a doctor or a witness for your employer, you may not hear much about the result. You may not even attend the deposition itself depending on your availability and what your lawyer says.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

How to resolve workers comp?

Most workers’ comp cases are resolved through settlements. It usually makes sense for you and the insurance company to meet in the middle and avoid the time and expense of a hearing with a workers’ comp judge. There’s usually no reason to begin settlement discussions before you’ve reached MMI. At some point after that, however, your lawyer should begin working on your behalf to negotiate a settlement. Even if the insurance company is only willing to make lowball settlement offers, your lawyer should inform you about those offers before rejecting them.

What is the job of a workers comp lawyer?

This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.

Why doesn't my lawyer return my calls?

Your Lawyer Doesn’t Return Your Calls. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case ...

What to do if your health insurance benefits stop?

If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).

What does it mean when a lawyer can't answer questions?

However, if your lawyer can’t answer simple questions about the status of your case, or repeatedly asks you the same questions, it may be a sign of neglect.

When will my weekly benefits stop?

If you’re receiving weekly benefit checks while you’re off work , they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI) —meaning that you’ve recovered as much as can be expected.

Can an attorney rush you into a bad deal?

But an attorney who rushes you into a bad deal may not be looking out for your best interests.

How many times can a case be postponed?

A case may be postponed as many times as the court deems it to be necessary. As long as there is an acceptable reason to grant a continuance, the court may grant it and prolong a legal proceeding.

Why is a case postponed?

This could be because a judge or prosecutor is ill, because the evidence provided has been found to be false, or because one or more proper court procedures, such as filing case-related documents by their deadline, have not occurred. A case may be postponed as many times as the court deems it to be necessary.

What Is a Continuance?

A continuance is an extension to the time granted to the parties involved in a legal proceeding before or during their trial. The time that individuals engaged in court cases have to prepare their cases and negotiate deals and settlements is crucial to the court’s ability to reach a just outcome, which is why nearly all legal processes in the United States are governed by specific deadlines.

How long does a continuance last?

Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case.

Why do civil continuances need to be granted?

In a civil continuance, the extra time might be necessary for one of the parties involved to accurately determine the extent of the damages he suffered or, if it’s a high-profile case, to manage the pre-trial publicity he faces related to the case. Criminal continuances may be granted for this reason as well or for reasons such as the sudden appearance of a witness with key testimony to support the prosecution or the defendant.

What is a motion to continue?

When the court receives a Motion to Continue, it may, at its discretion, approve or deny the motion. Typically, the court approves motions that cite valid reasons for pursuing continuance. A Motion to Continue has three parts: the Motion, the Memorandum of Points and Authorities and the Declaration.

How long is the waiting period for divorce in California?

Law Office of Renkin & Associates: California has a 6-Month Waiting Period for Divorce, So What Now?

What to do if your attorney isn't working on your case?

If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled. Make it clear at your next meeting that you expect better communication. Your attorney should listen to your concerns and take steps to improve communication in the future.

What happens if your attorney isn't keeping you updated on your case?

If your attorney isn't keeping you updated on the status of your case, you may have cause for concern. Keep in mind, however, that legal assistants and paralegals can be valuable sources of information about the workers' comp process in general and your case in particular.

What Happens to the Attorney's Fee If I Fire My Lawyer?

When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed. If they can't agree on a fee-sharing arrangement, the fired attorney may file an " attorney's lien" on your workers' comp case and petition the court for a fee when your case is resolved.

What is a good workers comp lawyer?

A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?

How long does it take to get workers comp records?

Nothing happens quickly in a workers' compensation case. A simple request for medical records can easily take four to six weeks, and it could take many more months for you to be scheduled for an independent medical examination. The huge backlog of cases in most workers' comp courts can lead to further delays. In the vast majority of cases, blaming your attorney for these delays is like blaming the waiter because your steak isn't cooked properly. The fault usually lies with the chef, not the server. In most circumstances, hiring a new attorney won't speed up your case. In fact, there's a better chance that switching lawyers will postpone matters even further, especially if your workers' comp hearing is approaching.

What to do if you are not confident in your lawyer?

If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you.

How much do attorneys charge for workers compensation?

State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to 20% of the benefits. When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed.

What does a workers compensation attorney do?

An adept workers’ compensation attorney will evaluate any proposed settlement objectively and make any appropriate recommendations before you sign or agree to anything.

What is the best way to settle a workers compensation claim?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of work place injury claims .

What does "malingerer" mean in workers comp?

If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.

What to do if you don't feel you can perform the duties being asked of you?

If your doctor still feels you can do what is being asked of you, and then return to work and document any pain, discomfort, uneasiness, or other symptoms that arise so you can follow up with your doctor and make any revisions to your duties as necessary.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

What is the mistake of a worker?

Mistake 1: Failing to Act Immediately at the Time of the Accident. At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm.

Why are my workers compensation benefits delayed?

Workers’ compensation benefits can be delayed for a number of reasons. If you make a mistake in your paperwork, it can delay the investigation undertaken by your employer’s insurer, the party responsible for paying your benefits. Unscrupulous insurers can even intentionally delay benefits. However, these types of delays are illegal ...

Why do employers ignore workers compensation claims?

Purposefully ignoring the claim in hopes that the injured worker will not follow through with filing. Employers are required to provide their employees with workers’ compensation, and when they purposely impede the ability of injured employees to submit a claim, they are illegally interfering with that right.

How long does it take to file a workers compensation claim in Pennsylvania?

Pennsylvania’s workers’ compensation laws require injured workers to notify their employers of an injury sustained while at work within four months of the date that their work-related injury occurred. At this point, the employer submits the claim to its insurer who will conduct an investigation before providing benefits. Unfortunately, some insurers take months or even years to resolve claims, often as a result of: 1 Understaffing or overworked insurance adjusters with heavy caseloads; 2 A lack of training; 3 Clerical errors; 4 Negligence or a lack of procedural guidelines; and 5 An attempt to convince a claimant to accept a lower settlement.

Why are insurance claims delayed?

In fact, claims are often delayed because a claimant failed to submit the correct paperwork in the first place. These mistakes range from failing to fill out the appropriate form and forgetting to include medical records to missing an important deadline or submitting the claim to the wrong department.

Why is my claim delayed?

It is not always the fault of an injured worker or an insurer when a claim is delayed, as many late claims can be attributed to an employer’s failure to report the injury in a timely fashion. Common reasons for these delays include: A failure to institute appropriate reporting procedures;

How long does it take for an insurance company to settle a claim?

Unfortunately, some insurers take months or even years to resolve claims, often as a result of: An attempt to convince a claimant to accept a lower settlement.

What is a failure to submit a claim?

A failure to institute appropriate reporting procedures; Negligent or reckless handling of a claim; A failure to submit the correct claim form to the appropriate entity ; A lack of communication between supervisors, who may have received notice of the claim first, and employers; Losing a claim form; and.

Average Duration of A Workers’ Compensation Case

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Factors That Affect The Length of A Workers’ Comp Case

Common Reasons For Workers' Comp Delays

Consult with A Workers' Comp Lawyer