Q: I just completed my Workers Comp Mediation 08/3/17 My case favored me from the beginning. When will I receive my check
I received multiple injuries from a fall on a wet floor. i was denied any tx for four months by the carrier. My employer advocated for me to receive treatment. I received five months of PT, chiropractic injections of cortisone. My attorney and I attended mediation. He never said anything to help my case as they all knew each other well. I had to start making demands on my behalf. The mediator would come in with an offer and he the ( Attorney) Said nothing I received a little less than what I demanded. They refused to mediate an amount for medical. Yet they took all my money accept for $6000 and put it in a MSA. When I objected they all told me it was self administered and the check would come to me in the full amount and I could spend the money any way I wanted.. All again said "its all your money" I am skeptical but they encouraged me to sign the release. I believe this was a set up collusion if you will. This was so the Judge would approve it
A: It sounds as though you are not happy with the agreement you made at mediation. There are still documents you will need to sign with the carrier and your attorney, and the judge will still need to approve the attorney fee being payed to your attorney. You need to discuss these concerns with your attorney directly before these final steps are taken and seek out your options. You may want to consider having a free consultation with another attorney in your area to discuss your options. Typically a settlement includes both loss wage considerations and medical and thus it is rare for the entire amount to be put in a Medicare Set Aside. I wish you well.
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