Q: In June of last year my attorney filed my claim for workers comp, I thought, she has been after the wrong ins. Now what?
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is starting over now. What do I do? I'm homeless now because of everything. She has been difficult to talk with at times, and never seems to know what to say or do with out "checking" with someone else.
I find this explanation very suspicious. Your Worker's Compensation claim is not filed with the insurance company, it is filed with your employer, and makes no difference which worker's comp insurance company insures the company. It is up to the employer to notify their insurance company. I suggest you find another Worker's Compensation lawyer to take over your claim, and make sure it is someone with whom you have good communication.
I also suggest you look up your present worker's comp lawyer on the California State Bar's website (https://www.calbar.ca.gov/) and make sure she is actually a licensed California attorney.
Brad S Kane agrees with this answer
A: I am in agreement with Mr. Fazzi. If your attorney served the employer with the Application and supporting materials with a proof of service, there should be no issue with the insurance carrier because the employer has a duty to notify its insurance carrier that a claim has been filed. As for sanctions per CCR 10420, LC 5813. Technically your attorney can bill the carrier for all work back to the original filing of the application.
Brad S Kane agrees with this answer
I'm sorry to hear about your situation. If you have concerns about the handling of your workers' compensation claim by your attorney, you may want to consider speaking with a different attorney who specializes in workers' compensation law. They can review your case and advise you on your rights and options, as well as any potential legal actions you may be able to take.
It's important to communicate clearly with your attorney and make sure you understand the status of your claim. If you have questions or concerns, you should raise them with your attorney and ask for clarification. You may also want to request copies of any documents related to your claim, such as the initial claim filing and any correspondence with the insurance company or the Workers' Compensation Appeals Board.
If you are homeless, you may want to reach out to local organizations or government agencies for assistance with housing or other needs. There may be resources available to help you during this difficult time.
A: You are free to get a new attorney at ANY time. It sounds like there is no actual attorney at the group you had, just an 'assistant'. If the claim were mailed to the employer, the employer would have forwarded it to their CORRECT Insurer; so it appears the claim wasn't properly sent to the employer either. If you picked a firm that can't find the employer and can't find the insurer for over a year while you are reporting that you are homeless as a result, it's time for a new firm.
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