Legal Question in Workers Comp in California

I had a workman comp. case settled in December of last year. Everything was signed by both parties and I was told it should take about 6 weeks to be finalized and I would received my settlement. I have called my attorney I have gone down down to their office, I have emailed them, everything I can think of to get some answers as to why this has to take so darn long. At each contact with my attorney they would say I need to sign another piece of paper. When I would call the office they would tell me " I told you already we don;t know when it going to come we will call you when we get the check." How long can they keep stalling me on getting my settlement.? It has almost a year.. Both sides have been extremely unprofessional, complaining about them will do me no good on getting my settlement any sooner. please help if you can and thank you so much for all you do.

Asked on 9/30/13, 12:48 am

2 Answers from Attorneys


Not knowing what the problem is makes it very hard to answer your question. However, the delay could be related to MSA issue, which means Department of Social Security may have to approve the future medical portion of your claim. You can always ask another attorney to review your file and give an opinion as to what to do if your current attorney is not giving the answer.

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Answered on 9/30/13, 8:50 am
David Lupoff Law Offices of David B. Lupoff

Your attorney has a duty to inform you as to why your settlement is being delayed.

I would demand a meeting with your attorney to get to the bottom of the delay. Since you had to sign additional documents, I suspect that your case is caught in the web of a Medicare Set-Aside analysis. This can take a year or longer.

Good luck. If you are not satisfied with your attorney's response, feel free to give me a call at 1.877.505.INJURY for a free file review.

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Answered on 10/02/13, 5:54 pm

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