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Any WC lawyers here?

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    #1

    Any WC lawyers here?

    I have a simple question. I recovered money from my third party lawsuit (guy that ran over me) and Workmens Compensation got most of it as reimbursement for what they had spent on me (lien).
    I just found out that the amount they calculated included expenses and things that were NOT for my injury, but general renovation expenses to make themselves accessible and other things.
    Can I sue them for fraud?????
    These guys grabbed the lien as soon as it came out of the oven, but they took and take months and year to approve basic expenses. They have still not reimbursed my milegae since 2005!!!
    Tags: None
    #2
    Contact a worker's comp/personal injury attorney. Your facts are too complicated for a simple yes or no answer.

    Comment

      #3
      We have a few attorneys in the house (CareCure). The ones that come to mind are Zeus, Clipper, and number1advocate. I am not sure if KiranA has finished law school. Noah recently graduated from Berkeley law school, but he hasn't been around in quite some time.
      The test of success is not what you do when you are on top. Success is how high you bounce when you hit the bottom
      --General George Patton

      Complex problems need to be solved collectively.
      ––Paul Nussbaum
      usc87.blogspot.com

      Comment

        #4
        I am on work comp. no third party to sue in my case. However, I find it odd that they could take a lien against moneys owed to you for an injury. Why didnt you have a lawyer to begin with. work comp lawyers only work off of money you get and only a percentage of that, they cant make you pay and cant take everything you get. Something does not sound right that work comp took your monies from a third party law suit. sounds like you got screwed.

        Your case should have been split up. One part of the case should have been work comp expenses, such as lost wages if you were working at time of incident. The other part of the case , the third party suit, should have been paid out to cover expenses related to the injury. I would think that the third party would be responsible for all medical expenses related to injury. THe work comp would have a right to be reimbursed for anything they paid for that was found to be a result of the third party when it comes to medical expenses. It gets very complicated. My case is complicated as i was working two full time jobs, involved an auto accident and work comp with no third party involvement. Is your work comp case still open? and what did the third party suit settle on??? I mean did they give you money that was to be used for medical expenses, etc.?

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          #5
          I had a WC attorney but had to fire him as he blocked my returning to work (in collusion with my employer). My personal injury attorney got a big settlement but most of it went to pay what workers comp had already paid on my injuries. I just found out that they charged me for items that were not mine, thus the amount they recovered was excessive and fraudulent. I returned to work so I received temporary disability payments until my return and nothing after that ( am I entitled to permanent partial disability payments? )
          Under Mass law you cannot waive or settle medical benefits. So WC plays a game of delaying and delaying and rejecting claims.

          Comment

            #6
            you only get work comp payments if you can no longer work, or cannot work enough to make what you were making at the time of injury.
            Your lawyer was actually doing you a favor by not putting you back to work so soon. What was the injury? and do you have any lasting effects from it?
            You would have to list every item that they charged for that you did not receive. Then, you have to send a letter listing this to the work comp. they have 30 days to respond. Then they deny or pay. If they deny, you need to get a lawyer and show u were charged for services you never received.

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              #7
              Your personal injury lawyer should be able to discuss these issues with you or at least refer you to someone who can help.
              2012 SCINetUSA Clinical Trial Support Squad Member
              Please join me and donate a dollar a day at http://justadollarplease.org and copy and paste this message to the bottom of your signature.

              Comment

                #8
                Originally posted by Cripply View Post
                I had a WC attorney but had to fire him as he blocked my returning to work (in collusion with my employer). My personal injury attorney got a big settlement but most of it went to pay what workers comp had already paid on my injuries. I just found out that they charged me for items that were not mine, thus the amount they recovered was excessive and fraudulent. I returned to work so I received temporary disability payments until my return and nothing after that ( am I entitled to permanent partial disability payments? )
                Under Mass law you cannot waive or settle medical benefits. So WC plays a game of delaying and delaying and rejecting claims.
                I know an excellent Boston area attorney who is very experienced with SCI and very ethical.
                Every day I wake up is a good one

                Comment

                  #9
                  Originally posted by cheesecake View Post
                  I know an excellent Boston area attorney who is very experienced with SCI and very ethical.
                  But is he a WC attorney? My injury case is finished

                  Comment

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