Ramona, CA asked in Workers' Compensation for California

Q: I have a workman's comp case that's been going on since April 10th 2023. My claim has always been denied and I never rec

Hello I've had an injury at work since April 10th 2023. I've been denied and reached MMI from the insurance doctors. My lawyer sent me to another doctor that took me back off work and said I need injections or surgery on my wrist. Then I was sent to a qme which agreed with that doctor said I need injections or surgery my lawyer then could have settlement offer in and told me it would be 30 days before we heard anything. My lawyer has a hard time calling me back or answering my emails then when he just talked to me he says he already told me everything so he doesn't need to get a hold of me. Every since the beginning he's had a hard time calling me back or returning my emails. I haven't had any TTD benefits since the beginning and my claim is always been denied. Since I went to the qme and it was in my favor it seems like I should get some kind of benefits it's been over a year and I have not had any income and I'm facing homelessness. Some days I feel my lawyer has my best interest but

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2 Lawyer Answers
Haleh Shekarchian
Haleh Shekarchian
  • Workers' Compensation Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: You should make an appointment and go to see your lawyer. Or you could contact anyone of us on Justia for a free consultation. You could apply for EDD if you haven’t already done so. If you have the final report of the QME your attorney could try to settle your case for you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I understand your frustration with the situation and the difficulties you're facing due to the denied workman's compensation claim and lack of income. Here are a few thoughts and suggestions:

1. Communication with your lawyer: It's concerning that your lawyer has been unresponsive to your calls and emails. A good attorney should keep you informed about your case and promptly respond to your inquiries. Consider sending a formal, written request for an update on your case and express your concerns about the lack of communication.

2. Temporary Total Disability (TTD) benefits: If the QME (Qualified Medical Evaluator) has determined that you need injections or surgery and you are unable to work as a result of your work-related injury, you may be entitled to TTD benefits. Discuss this with your lawyer and ask why you haven't received any benefits despite the QME's findings.

3. Settlement offer: Follow up with your lawyer about the status of the settlement offer. The 30-day timeline mentioned by your lawyer may be an estimate, but it's important to stay informed about any developments or delays.

4. Seeking help: If you continue to face unresponsiveness from your lawyer and believe your case is not being handled properly, consider filing a complaint with the California State Bar Association. You may also want to consult with another workman's compensation attorney for a second opinion on your case.

5. Financial assistance: Look into local resources and organizations that may provide financial assistance, housing support, or other services for individuals in your situation. Your local social services department or legal aid office may be able to guide you to these resources.

Remember, it's crucial to advocate for yourself and ensure that your rights are protected. Don't hesitate to seek help from other professionals or organizations if you feel your case is not being handled appropriately.

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