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  1. #1
    Join Date
    Mar 2009

    Unhappy Workers Comp Settlement?

    What is the name of your state (only U.S. law)? MINNESOTA

    This is for my sister that is currently receiving workers comp from her previous company she has worked for. They have been late for her payments and she has been assigned a lawyer from the insurance or her company not sure how this lawyer came to be, but she has been using him and now the company has given her a settlement. she received these papers that are called stipulation of settlement or something of the sort indicting the amount and what they are willing to do. Which is basically give her this small amount and stop everything else.

    My questions is what can we do legally if we don't agree to the terms they have in the stipulation and if we don't like the lawyer she is using can we bring this to a different lawyer? because through this whole issue he has not been informative or even open to helping her as much as he can. He never returns calls back, never answers his phone and only contacts my sister when she leaves a message saying that she is willing to settle for whatever the company has. Since she last told him that she is willing to go ahead with the settling this is the paper we received and now we don't like it.

    any help is appreciated or any question to help clarify this let me know and Ill do my best to make it clear so I may get the right answer if not understood at first.


  2. #2
    Join Date
    Dec 2006

    RE: workmans comp settlement

    If the lawyer contacted her then he is likely a workmans comp lawyer.
    From my understanding a lawyer cannot contact her first to represent
    her on her behalf.
    Get a lawyer who will fight for her best interest.
    P.S. Hold on tight, because the ride will be bumpy.

  3. #3
    Join Date
    Mar 2009

    Thanks for the input.

    So far we have not decided what to do. My sister doesnt know what she wants to do. Because she is afraid if she takes the settlement and than something happens to her like her hand/arms still hurts after, she wont be covered for it anymore.

    Not sure how this would work, also in talking to the lawyer he said that even after settlement if she incurs bills with her hand/arm she can still go back to the company and get them to pay but its up to them if they want to or not. Is that correct?

    Thanks in advance for the help and input!

  4. #4
    Join Date
    May 2008
    The lawyer thing is weird. Insurance companies don't provide attorneys to injured workers. If she signed a fee agreement with the attorney, then she will need to formally dismiss him. By hiring a new attorney, the new one can take care of all of the paperwork that needs to be filed at the Department of Labor.

    Your sister has to agree to the settlement terms. She is under no obligation to settle her claim EVER.

    Out of curiousity, what part of the settlement terms does she not like? In most cases, in Minnesota, most medical benefits will remain open for life.

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