I was contacted by a very nice woman who has a work injury case with the City of Chicago. She has an attorney and although she hasn’t needed medical treatment for about two years, her case isn’t settled.
She asked her lawyer why it was taking so long and couldn’t get much of a response. Finally, after a few tries, the attorney told her, “I think the City of Chicago has run out of money and that’s why they won’t offer anything.”
I’m not sure how to type the sound of someone spitting on their drink it shock, but please picture that. This statement by her attorney is a lie and it’s a doozy.
The City budget may be out of control, just like it is for the State and the County. But none of them are out of money and certainly it’s not preventing them from settling work comp cases. In fact they are settling cases every day.
Why this lawyer is lying is anyone’s guess, but rather than do his job, he’s blowing off his client.
With the City, or any other employer, if you want to settle and they won’t make you an offer, there is a simple solution. Get the case ready for trial and then file a motion for trial. You might not get a hearing the first time you ask for one, but you should by the second or third time. If the City lawyers refuse to take a deposition of your doctor, you can file what is called a motion for dedimus which in plain English is an order from an Arbitrator requiring them to do their job and show up to the deposition.
I hate lying, lazy lawyers. This job isn’t easy, but it’s certainly not that hard if you know what you are doing and any sort of work ethic. It may not be glamorous, but this is what you signed up for. If you are a lawyer and don’t like it then don’t punish your clients. Simply go find something else to do.
Bottom line, no matter who the employer is, unless they or their insurance company is in bankruptcy there is no excuse if they won’t make a settlement offer or they don’t make one that you want to accept. Get ready for trial, get to trial and go from there.