workers comp settlements

Buffalo, ny
had a back injury at work on january 12 of 1997 and since then had a total of 5 back surgeries, i have had 3 discs removed and 6 titanium cages put in and also a spinal implant to help with the pain. i have had numerous tests mri's, cat scans, disco grams, x-rays, just to name some. the insurance carrier to my case has sent me to numerous doctors for evaluations and i have the evaluation from my own surgeon, they state that i am totally disabled. what can i do to expedite my comp claim for a section 32 and why should my attorney be taking over a year to get the settlement. is there a law stating what a person should get according to what degree of disability he has and what is the process to expedite this matter. My attorney seems to just want to wait yet i cannot understand why if both their and my doctors agree that i am totally disabled

Get NEW W/C ATTY NOW!

I used to be a w/c adj in FL, but what you're going thru is ridiculous. Get a new W/C attorney first. Then, file with your State for Social Security Disability. No one can force W/C to settle your claim. I don't know of any law that will make W/C settle the claim, and that's why I'd get a new attorney immediately, that way he can handle that end. If you end up being denied social security disability, know that that's not unusual. File the claim, and then when they deny you, (which they normally do), get an attorney. In FL, you don't pay up front for either of these attorneys. And it would be in your best interest. As for you wanting to settle your W/C case....let me tell you, discuss every avenue with your attorney to see how you'd come out better off. If you settle your claim, you would then have to depend on social security for insurance, and it's no picnic. I pay $105.00 a month for insurance, and have a $500 deductible on prescriptions. I pay $20 every time I see a Dr. I also would recommend you being seen by a Pain Clinic. It sounds like you have a Pain Pump implanted. I do, and it helps with paying out so much in pain pills. I just want you to be aware of all you'll have to pay if you settle your W/C Claim. Mine wasn't work related, but once you settle your claim, you'll be in the same boat as me. If you could get enough to settlement, then invest it wisely.....you'll need it. Good Luck.

[Edited by Georgana Chastang on 04-16-2001 at 10:39 PM]