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NC workers comp question
#1
I went into mediation almost a month ago and a settlement was agreed upon. Since then I have heard nothing more about it until I called my attorney again today and found out that they haven't even received the full agreement from the other attorney for me to sign. Is this time frame normal? I didn't think it took a month to draft a full settlement agreement.
 
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#2
It depends on the complexity, issues, liens, set aside agreement, workloads, Etc.
You can ask for a settlement advance if $$$ are an issue.
You can also have your atty schedule another court date; you need a backstop deadline in case it drags out even further.
Every case is different; there is no set time for every one.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
1171 Thank you for the quick reply. I guess being that everything agreed upon was pretty straight forward with no liens, set aside or workload issues is what has me so confused. I was told at the end of theediation I would be called into the attorney's office to sign the "full version agreement" in a couple of days so it could be sent off to the judge and here it is a month later and my attorney is saying it's still not available. We did not have a court date just a mediation that took place at the attorney's office. My other issue comes in where for the past month I have not been able to get medical attention for my injuries because with the agreement works comp was not paying for any more visits and no other doctor will treat me until w/c is closed out.
 
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#4
Go to the ER make sure your atty notifies the carrier these costs will be added to settlement.
If you or your atty  dont know the  reason  for the delay there is no way a message board can know.
Sounds like they have pulled out of the deal. Get a court date; make them explain it to the judge.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#5
(02-07-2018, 11:08 PM)Cwayman21 Wrote: I went into mediation almost a month ago and a settlement was agreed upon. Since then I have heard nothing more about it until I called my attorney again today and found out that they haven't even received the full agreement from the other attorney for me to sign. Is this time frame normal? I didn't think it took a month to draft a full settlement agreement.

Hi Cwayman,

I, too, went through the NC Worker's Comp system seeking a medical retirement beginning in 2016 and concluding last year. I'm a member of the IAMAW (labor union) and they offered minimum help. All Worker's Comp doctors seem to be working for the employer and NOT the injured employee. First attempt at mediation was a disaster and called off, mediator stated as much. I requested and received a new attorney through the same law firm as a result.

Once the second attorney came in, everything moved along like clockwork but it still seems they worked for my ex-employer more than they did for me. If it wasn't for my stubborn insistence on a number of issues I would be unemployed, unable to work and no cash to live on. Look for my brief story in this same category under 'Experiences in NC'.

My current issue is 'income tax filing'. Settlement is supposed to be tax free but part of the settlement was for me to reimburse the union for expenses incurred on my behalf. Union failed to file a claim by the deadline, well after settlement funds were disbursed as a matter of fact.

Their first contact with me was a summons to appear in Chicago Federal Court within four days - I overnighted a cashier's check as law firm finally admitted they had no experience in this particular issue. Sadly, one of my W2s shows part of the reimbursement as taxable income - awaiting an answer from the union and my ex-employer.
 
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