Why Does the Workers Compensation System Operates so Slowly?
Oct. 28, 2019
It has not always been this way. In the “old days” 10-15 years ago, there were less insurance lawyers, lesser insurance companies with new adjusters, much less venomous adjusters, far less litigation, and much fewer employers who seem to be ready to “hate you” the injured worker just because you sustained an injury on the job. (Please also read my comments about the number of lawyers are out there now).
Specifically, the insurance company and their attorney have an absolute right to check on your medical history to see if your current injury is connected to a prior injury and how that connection causes disability. Doctors and hospitals must cooperate in their release of records. They do not priorities their requests for records.
The insurance company has the right to and certainly will check up on your prior employers to see if prior claims have been filed by you. This takes between 30-60 days. If the insurance folks drag their feet, it could take 90 days.
When all medical records are collected and you answer all their multiple questions, the insurance lawyer will want to take your deposition. This is a sworn testimony and will be used against you if you contradict anything that has been previously said about you and your medical condition. Usually a deposition will take between 30-45 minutes but can go on as long as 4 hours. (Pack a lunch!)
By this time your case has been postponed twice.
Then they will want you examined by their hand-picked, insurance doctor. Is it to determine the truth about your condition? Is it to confirm what your own doctor has diagnosed your condition? No, and no. If you track the last 100 insurance doctors who have examined my clients from January to October 2019, 95 of them are disguised to obtain negative information about you, or to show that your medical condition is not related to your on the job injury or that your condition has subsided and you have no medical problems related to your job injury. These examination are not designed to help you. Furthermore, they will most likely delay your case by creating huge obstacles to a swift victory in your case.
As you can see, there are a number of ways that prevent a quick resolution to your case by delaying tactics created by the insurance company and their lawyers.
These delays can be fought by us but no Judge will deprive the insurance company of their right to a “full defense” of your case. Litigation can get very frustrating but sometimes it is the only way to right the wrong that has been done to you.