ok thanks to everyone again for all your responses, so now I need your help again...I recieved a discovery packet from my attorney which came from the W/C attorney wanting a release of medical records for the Dr.'s that has treated me, tax returns, employment records, evualations from my job,and questions about the injury I recieved. So my question now; are they going to be a settlement soon? I applied and recieved disability benefits from my job (these are state benefits that I paid into) so if anyone can help me understand what to expect next please let me know.
Hi, i dont have the answers but wanted to let you know that someone with expertise should come along soon. Keep checking back.
it depends on the issues but settlement could happen at any time. either party can make a demand or offer whenever they wish.
technically the discovery process is used to prepare evidence for trial or hearing
I say (Caution) yourself here.
I do know, Medical Records such as Work Injuries do need to stay seperated from Personnel work files. They are asking for your Personnel work files, and why? If I was going to release them, I would have a copy of them, and go over them, plus have all mistakes repaired before releasing them. But, they are Personnel, so you need to get with your Attorney on what Items you wished released and what ones you don't. Tax returns is fine if only looking for your income status, but they can get that from your employer with the greatest of ease. medical records pertaining to injury is fine, personnel medical I don't wish mine out, you need to ask attorney why?
My employer released my Medical, Work Comp Medical, and Personnel file without my release, I filed charges with the EEOC, and won the case with a Right To Sue after I won the case. Each State has Laws and Rules on Personnel Files being released, so call your Local Labor Board and ask them the Laws and Rules on it.
Approximately 20 states (including California, Illinois, and Massachusetts) require employers to give employees, and sometimes former employees, access to their personnel records. These laws generally allow employees to inspect their personnel files a limited number of times a year. Typically, some files are excluded from inspection, such as records pertaining to future promotion, third-party references, criminal investigations, and other sensitive information. In addition, state laws usually allow employers to require written requests for access to files. Some states also require employers to allow employees to copy their files.
A few of the states with personnel records access laws also give former employees the right to inspect their personnel files. For example, in Illinois, former employees can have access to and copy their file for up to a year after termination. Massachusetts has a similar law but does not limit the access to any specific time after termination. Many employers do not want to give access to former employees because they are concerned that these files may be used to support a legal claim against them. For this reason, employment law experts advise against giving access to former employees unless required by law.
Employees or former employees who file legal claims against an employer also may get access to their personnel records, and even other employees’ files, if required by a court or agency. For example, if a former employee files a discrimination claim in federal court, the court can order the employer to turn over all files related to the former employee and any similarly-situated employees.
You May want to Discuss these Forms with Your Attorney, You shouldn't, and Your Attorney Shouldn't expect You to Sign Anything without You knowing Fully what You are Signing, that's Their Job!!! Make Sure Your Attorney goes Over these Forms with You, and only Sign if You feel Comfortable with the Answers! Our Advice is a Guide, but Your Attorney is the One that is going to Move Your Case Forward, and the 2 of You have to be able to Discuss Issues as Important as These Forms! I called My Attorney Monday with a Situation, that was Resolved Tuesday, and I Called back and Told Him it was O.K. and He didn't have to Call Back, but He Called Me this Morning just to let me know He got My Messages, and He wasn't Skirting around My Calls, and wanted to Make Sure Everything is O.K.! Having Good Dialog with Your Attorney is Paramount, and Learning from Our Experiences is Good, but as I Said, He/She the One going to Battle for You!! Best of Luck, and Please let Us know what You Find Out!!