Attorney/Settlement Opinion

[Netta]

Ohio Here


R and L foot injury July 25/08. Spent all year in and out of IC hearings. My last IC hearing was 9/25/09. All hearings officers ruled in my favor. I rec'd a check for my R foot in July and a check for TTD in Nov for the L foot. I have reached MMI and rec'd my rating. My employer is self-insured and would not hire me back so I am on un-employment.

My attorney made an offer to my employer for settlement in October. Since that letter I have not heard anything from my attorney regarding my employers response.

My question is how much time should I give my attorney before calling her for an update on my case? I don't want to rush things, but we are at years end and I am anxious to close my case out and move on with my life.

Thanks in advance for any opinions.



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[1171]

what do you want to happen if there is no response?
do you want another hearing?
don't just call to find out about the offer, call to propose the next step.
if you don't have an alternative plan then wait before contacting your atty.

[Netta]

1171 Wrote:what do you want to happen if there is no response?
do you want another hearing?
don't just call to find out about the offer, call to propose the next step.
if you don't have an alternative plan then wait before contacting your atty.

No, I don't have any alternative plan. Thanks, then what I am doing by waiting is right. That is all I needed to hear. Thanks for your advice.

[Bad Boy Bad Boy]

Is waiting okay? As everything is going to lead to a possible yes from some, and no from others.

But, you have every right to call and ask your attorney what is going on.

Next, just because your attorney made an offer to your employer, it doesn't mean employer has to respond to the offer. They can just sit and wait till their brought in to the next hearing.

[capricorn]

My employer was self-insured and I found them to be in step with me and my attorney all the way through. I was a major liability to them and they wanted it over with as much as I did. Try to be patient. I also see no harm in a call to your attorney. The worse he can say is they turned it down or didn't respond yet.

[Netta]

Thanks all for your advice. I will give my attorney until the middle of January, if I have not heard anything by that time, then I will call. Happy New Year to everyone.

[Bad Boy Bad Boy]

Why would you wait?

If your attorney made an offer to employer, the employerdoesn't have to respond to it. So, it is just as good to call now, and simply find out.

[Netta]

Bad Boy Bad Boy Wrote:Why would you wait?

If your attorney made an offer to employer, the employerdoesn't have to respond to it. So, it is just as good to call now, and simply find out.

Bad Boy, Bad Boy, you were right! I took your advice and contacted my attorney. The company attorney ignored us. "My attorney sent me a copy of the recent letter that was sent to the company attorney dated 1/4/2010, which was this week.

My attorney letter reads "This letter is to follow up with you in regards to the settlement demand I sent to you on Oct 7, 2009, for full and final settlement" That was 3 months ago.

I don't understand, this company constantly hounded us and made settlement offers after each hearing. We said no, and fought on until the IC Hearing officers awarded me TTD July 09 and PPD Sept 09.

The entire 2009 was spent in court hearings. To make matters worst the company fired me because of my injury. I was awarded unemployment because I was not at fault. I rather work with a PPD to my left foot, and be free of this company and the worker compensation system.

Now that I have said all the above the mystery is over.

I have two questions

1. What seems to be the company attorney game plan?

2. How much time should I give to my attorney to get a reply back? before I say anything. I want to be respectful, however I don't want to wait another 3 months for my attorney to act on my case.

Thanks in advance for any advice anyone may have for me.

[Bad Boy Bad Boy]

You nor your attorney can force the Companies attorney to act on a settlement proposal. If they wont respond, the next step is more hearings, and that is it. Can't blame your attorney much, for the other isn't going to budge.

[Netta]

Bad Boy Bad Boy Wrote:You nor your attorney can force the Companies attorney to act on a settlement proposal. If they wont respond, the next step is more hearings, and that is it. Can't blame your attorney much, for the other isn't going to budge.

With this case still being open, would it effect any jobs offers, if they do a background check?