Channahon, IL asked in Workers' Compensation, Arbitration / Mediation Law and Legal Malpractice for Indiana

Q: Workers' comp case delayed for over 10 years, need advice.

I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to ongoing injuries, and will need more surgeries. My lawyer doesn't seem to be expediting the process despite multiple requests, and communication is often insufficient or filled with hard-to-follow legal jargon. The last development was being offered only half a year's salary despite almost a decade passing. I'm feeling stuck and just want to move on with my life. How can I get this case moving forward?

1 Lawyer Answer

A: You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine is so complicated that a practitioner who thoroughly understands the process cannot explain it to you in plain English. Worker's Compensation law has a number of idiosyncrasies but it is not "rocket science." If an attorney is explaining your case in terms that you cannot understand, either the attorney doesn't know what they're doing or the attorney doesn't want you to understand. In Indiana, once you reach MMI, your treating physician assigns a permanent partial impairment rating (PPI). If you have your medical records or you have access to your medical records, you can easily find that number. If you go to the website maintained by the Indiana Worker's Compensation Board, it provides examples to illustrate how you use the PPI rating to calculate the value of your claim. It's that simple. Always remember that your attorney is working on a contingency basis. In other words, your attorney is paid absolutely nothing until your claim is settled or tried. Your attorney has absolutely no incentive to continue your case. If you really want answers, make an appointment to meet with your attorney in his/her office. If you don't like or don't understand the answers that your attorney provides, the Indiana Worker's Compensation Board maintains ombudsmen who are thoroughly familiar with the Indiana Worker's Compensation Act. You can find an 800 number to contact them on the board's website. Good luck.

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