A reader of my blog got in touch and asked a really good question:
“My case isn’t going very well. What should I do?”
Now as you can imagine, we had a longer conversation because I needed to know specifics, but the fact that this worker even asked at all is a good sign. Too many people see that their case isn’t going well and just assume that’s how it goes or that the legal system should take a ton of time. Sometimes that’s true, but if you don’t ask questions or don’t seek out information, you are making a huge mistake. You have to be your biggest advocate.
So if you have a lawyer, ask them why your benefits aren’t being paid, what’s a reasonable time line to get in to court, what the strategy is, etc.
Beyond that, my question to you if you asked this would be “why isn’t it going well?” Let’s figure out the problem and find the solution. If the problem is something like:
- My lawyer won’t call me back.
- I’ve been without pay for six weeks even though my doctor has me off work.
- They won’t approve my surgery even though the IME doctor says I need it.
- There is a nurse manager that keeps on interfering with my doctor’s appointments.
- I’ve been waiting for a settlement for a year and there is no offer.
The good news in any of these situations is that the problems are all solvable. If your lawyer won’t call you back, fire them. If you’ve been without pay or surgery can’t get approved, a 19(b) motion by your lawyer should get you to trial. If the nurse manager is talking to your doctor that is illegal and one phone call by a lawyer can stop it. If there’s no settlement offer then motion the case up for trial and the Arbitrator will make them pay.
These are just five examples, but the bottom line is that there is an answer for almost every problem under the sun. That doesn’t mean that you will 100% for sure win your case. It means that steps can be taken to give you the best chance for success.
Above all else though, you have to be your biggest fan and fight for you. And when it doesn’t appear to be going well, ask questions and get informed.