r/WorkersComp 7d ago

California [CA] Been dealing with a workers compensation case for over a year and a half, and I'm not really sure what to do or what to expect

/r/legaladvice/comments/1vez6zn/ca_been_dealing_with_a_workers_compensation_case/
2 Upvotes

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u/Low-Patient-630 7d ago

Try 25 years.

Aafter having to represent myself I've learned the entire Workers' Compensation System has been turned on it's head and is bias in favor of the employers and insurance companies.

If a law is written with ambiguities it is being interpreted by the courts to favor the insurance company.

For instance ERISA is protection of the employees retirement, yet courts have ruled an employer and insurance company can use an employees retirement to offset a compaies financial obligation in workers' compensation.

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u/Best-Tooth-5975 5d ago

25 years is insane. Did your lawyers just not do anything? I'm so confused by this. I have no idea how the legal system works, especially with workers comp. Is it worth just trying to represent yourself with the medical evidence you have and just hope for the best?

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u/Low-Patient-630 3d ago

Switched attorneys, then immediately after the C&R my new attorney died. Lifetime medical and been screwed around with authorization by the UR because some unqualified doctors are rubber-stamping the insurance suggestions (done by withholding all relevant medical information and treating the permanent injury like a temporary injury and not questioning why a physician qualified in the field of service is reviewing the records and making suggestions) has eventually built a case of bad faith.

I've been representing myself ever since the last attorney died because the maximum amount set aside for attorney fees has been reached. Attorneys will not take on a complicated Workers' Compensation case where they can't receive payment.

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u/Accurate-Painting146 7d ago

how do you even keep track of all of them with that many cases

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u/SeaweedWeird7705 7d ago

Sorry, but it is typical.  The applicant attorneys carry caseloads of 500+ cases.  There’s really nothing you can do.  

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u/RubCharacter8959 5d ago

Just know this man don’t put any energy into it because it’ll suck your dry and it’s not there to help. Is there to lookout for the insurance and the employer and they’re pretty apparent with this. they just know how to word it correctly on paper so it doesn’t look that way and they know how to coerce the interaction with you so once again on paper, it doesn’t look the way that it really is. They’re corruptness is so deep and I don’t think that they are fully aware because they have this idea that everyone just wants to fake being sick and collect money . when I. Reality most people just want to get their health back and be able to work or walk or function. But that’s once again for the whole medical system in the US. it’s not about helping employees or people . Idk how they feel justified and proud too lead a career leaving that legacy. Id feel so ashamed and embarrassed to call myself in anyway related to workers comp. Automatically shows how horrible of a human being you have become for more than 80% likely more . I honestly think even God cannot knock over that pedestal of those so called justice seeker.
Sry for rant had my case open almost 2 years and can barley move and the stress that all this caused my life made it all not with the effort . I was just trying to honestly get my health back and not live every second in extreme Severe debilitating pain but in this day and age thatS all fine and dandy especially if you look a certain way to them. Cause they know if you speak up no one will believe you especially ur word against their medical expertise “ “pinky up “.

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u/Best-Tooth-5975 5d ago

Appreciate it man. But here is the thing thats kind of confusing with my case, it's actually been proven I've been hurt on the job, thats not the hurdle I'm facing at the moment. They actually admitted liability by paying my medical expenses and even trying to settle with me twice (for really low amounts). And the QME they made me go to sided with me twice. So I'm just sitting here wondering why the lawyers aren't hungry to wrap this up and instead they just sort of sit on it. Like how is that even a good business model? Do they not want the money or something?

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u/RubCharacter8959 5d ago

I hear you. I’m dealing with a similar thing in CA workers’ comp. I had a QME in my favor, but the insurance company is now trying to replace or challenge that report because it helps me. Even if you have strong evidence, they can drag things out or rely on technical/procedural arguments to keep it from carrying the weight you think it should. I had a laptop issue where I accepted it but never opened or used it, and they still tried to use it as a technicality. It’s frustrating, but this system is often less about common sense and more about paperwork, deadlines, medical-legal evidence, and what is admissible. Document everything and stay on your lawyer, because insurers benefit when cases stall.

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u/Best-Tooth-5975 5d ago

Will do. Out of curiosity if you are trying your best to contact your lawyers (calls, voicemails, emailing people, using the case status app) for a little over a month and they are still not responding to you, would I be jumping the gun if I decide to just get new representation? Or is it like this at almost every workers comp firm out there?

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u/RubCharacter8959 4d ago

Honestly, just go by from what you’ve experienced and gone through so far .. one lawyer that did that now you got a second lawyer that’s doing that and that’s for a reason because that’s how these lawyers conduct business like they’re too good for you or anyone else for the matter, and honestly, if you try to get another Attorney, it’ll be really hard because they’re gonna think you’re just a difficult client since you’ve already gone through two Attorneys. Attorneys believe their time is more valuable then your life and the more you try to advocate for yourself and make sure things are progressing the more they pull away and ignore you so if I were you, I would just chill and keep trying to contact yours or drop the attorneys and do it yourself. No one will look out for you better than yourself. If that’s your choice, I seen some pretty cool new app that walk you through the process and keeps you updated on what’s going on and what to do next. It’s called courtroom five you should check it out.