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Settlement in CA and future employment
#1
I was injured at work in 2/2012, and have been at home on WC since. The QME agrees I was injured at work and my L4-L5 and S1 as well as sciatic nerve are all per entry effected and I can not return to my previous line of work. My two questions are as follows:

1) approx. how long after the QME report and rating is receive, on average, how long does it generally take for a settlement offer/negotiations. Yes, I know it varies, but I'm just looking for an average amount of time.

2) if I was to find other employment within my future restrictions would it effect my settlement amount? Would it be wiser to just wait until after a settlement agreement is accepted?

Thank you
 
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#2
once you have rating a you can contact the carrier with your settlement demand. there are no published statistics on the length of negotiations.
depends on the issues but PD and future medical are not usually affected by your work status.
no, the loss of income from the injury accumulates fast the longer you wait.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(05-21-2013, 03:30 PM)1171 Wrote: once you have rating a you can contact the carrier with your settlement demand. there are no published statistics on the length of negotiations.
depends on the issues but PD and future medical are not usually affected by your work status.
no, the loss of income from the injury accumulates fast the longer you wait.

Thank you.

One last question. WC benefit payments can't be reduced without notice, right? My last check was $250 short. My attorney and I have been trying to get a response from the insurance company since last Thursday and they aren't responding. Today my attorney made defense counsel aware of the situation. In the last 7 months I've have 5 instances of my payments either not being sent on time, no check issued at all, and incorrect check amounts.
 
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#4
wrong.
failure to give proper notice of benefits is finable after a carrier/employer audit.
you can file for penalty and file a complaint with the audit unit
http://www.dir.ca.gov/dwc/Audcomp.pdf

if you file a complaint you can also send a copy to the carrier.

you should be notifying the carrier in writing with each instance of late/error payment (keep a copy) and ask for a separate penalty in each instance.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
Thank you. It's extremely frustrating and negatively impacts me when this happens. Ill file a complaint. I just need them to contact me back and send me my benefits in whole and on time.
 
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#6
I tried to file a complaint, but I called the wc office and they told me since I was represented by a attorney, he (my attorney) was the one who has to file, I could not
 
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#7
that is not part of the law.
it's possible they were not referring to the audit unit complaint process but some other.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
(05-22-2013, 11:36 AM)1171 Wrote: that is not part of the law.
it's possible they were not referring to the audit unit complaint process but some other.

anything is possible, I am not up on the system like you are, obviously, I am just a worker injured on the job and new to the laws and all the crap, they just said if I was represented that all complaints were to be filed by my attorney
 
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