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workers comp settlement
#1
so it's been 23 days since my case was closed. and i still haven't gotten my check and school starts next Wednesday i need it so badly for that. I was wondering if it would be ok to call the claims adjuster and be as polite as any one could be. and tell her why i need it and if she has time if she could please do it. Sad




also off topic. I called her a week ago to make sure they had my current correct address she sounded real nice. well anyways she didn't, she had my old address. After i literally told my lawyers office 5 times if they changed it. they even gave me an attitude. well my claims adjuster said she never got nothing of that. but good thing she didn't send the check to my old address i would of had to smack them silly haha jk
 
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#2
also when i called last week and gave her my address she said she got it and will send it to it. this was last friday and still nothing. she said she was on vacation. So if she was on vacation do the thirty days still count even tho she was supposedly on vacation
 
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#3
I feel you will get paid when the check is in the mail. No need to worry about things out of your control. WC has a set system and you will have to wait your turn.

Quit fretting and live life as best as you can. We only get one chance at life and worrying yourself into a grave is not healthy. It is out of your control.

Use "other" resources" to fund schooling and payoff with settlement check. Think outside the box and enjoy living.
 
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#4
i'm going to call tomorrow. there is no other way to pay for my books and i need glasses. you make it sound easier said than done. i was on workers comp for 2 years because of surgeries / physical therapy. it's next to immposible to get a job with my background i have to lie on applications or get to know a manager.

I'm going to be as polite as any one could ever be and basically beg her to mail it out of me. My lawyer said they usually send them out in 10 days or less. These guys just want to make me suffer.
 
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#5
Never said it was easy. I been in the WC system almost 8 years. Sometimes you have to think outside the Box. Just saying....... Good Luck
 
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#6
many states have penalty provisions if certain payments are late.
i don't know your state but check it out.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#7
(08-24-2011, 03:09 PM)1171 Wrote: many states have penalty provisions if certain payments are late.
i don't know your state but check it out.

California. I know there's pentathletes but i heard the 30 days don't count when the judge approves it. it counts when my claims adjuster receives it and since she said she was on vacations i wonder if she's going to say she got it last Friday. is this true? the 30 days count as soon as the claims adjuster receives it? or once it gets approved by the judge?

also some one else in a different forum told me i could tell them i could pay for a courier for an over night delivery this true? my situation is so bad i'd prefer my money now than getting it late with interest

The judge approved it on the 4th of August. Do you guys think it would be ok if i call my claims adjuster??
 
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#8
the court approves all finalizations.
I don't know anything about a 30 day limit. where did you get that?
what is "it"?
Findings & Award, Stipulations and Award, Compromise & Release?
is there some reference to 30 days in your paperwork?
you have to provide some basic information, I can't guess your situation.
the law says "unreasonable" delay; but there is no specific time limit.


........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#9
(08-24-2011, 08:59 PM)1171 Wrote: the court approves all finalizations.
I don't know anything about a 30 day limit. where did you get that?
what is "it"?
Findings & Award, Stipulations and Award, Compromise & Release?
is there some reference to 30 days in your paperwork?
you have to provide some basic information, I can't guess your situation.
the law says "unreasonable" delay; but there is no specific time limit.
lawyer said if they don't pay it 30 days its around 3 thousand dollars interest every day they're late.

Do you guys think it's a good idea if i call my claims adjuster? well anyways i'm going to call her tomorrow morning.


more than anything i just need this money for school or else i wouldn't be in such a hurry to get it! i'm going to tell the claims adjuster that tomorrow morning. i hope she doesn't said it even more late just to spite me because i called her. i'm going to beg! Sad


school starts in exactly 1 week :\ ... why doesn't this lady just send the check already. they want to hold on to my money for as much as they can just to piss me off!
 
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#10
While I can certainly understand and empathize with your frustration, I think you're taking this entirely too personally. Nobody is holding onto your money for as long as they can just to piss you off.

Insurance Companies are a business and have procedures they have to follow internally within the law, and rules they have to follow set out by the State Workers Comp authority. They have no incentive to not process your disbursement as expediently as possible.

You also need to understand that the money will not be sent directly to you. It will be sent to your attorney (in full), who will then deposit it into his company's escrow or trust account (by law). Typically, the attorney cannot disburse your share of the funds to you until the draft clears. This usually is 10 business days (not calendar days).

So, the bottom line is that your wait for these funds is going to be a bit longer than you had anticipated. The money leaves the IC and goes to the attorney, who has to hold the draft for ten days, then disburse your share to you. Based on what you already said, I wouldn't be expecting to see any money in your hands until mid-September.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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