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Missouri - case settled; timeframe for check?

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  • Missouri - case settled; timeframe for check?

    I've been through the wringer and back over my injuries from an on the job accident in 2005. Finally, my attorney and the employer's attorney agreed on a settlement amount. So I've signed the stipulation agreement, settlement agreement for the attorney's fees....now what? I'm knee deep in debt that piled up in the 8 months I was out of work, and the attorney's office can't give me any kind of time frame on when I should see a check so I can get these people off my back. Is there any timeframe I can use, so that I can try to stall for MORE time???

  • #2
    The law in your state doesn't spell this out in statute. Has the settlement been approved yet by the state? They have 60-90 days to do so. When the actual award must be paid out after it is finally approved may be written into the agreement itself. In fact the law stipulates that is an option so I doubt very much there is another law that says it must be paid by X number of days after approval.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Originally posted by ElleMD View Post
      The law in your state doesn't spell this out in statute. Has the settlement been approved yet by the state? They have 60-90 days to do so. When the actual award must be paid out after it is finally approved may be written into the agreement itself. In fact the law stipulates that is an option so I doubt very much there is another law that says it must be paid by X number of days after approval.
      Yes, the settlement amount and terms were approved by the state. Now the attorney's settlement agreement is awaiting approval. There were no stipulations anywhere stating WHEN the payment had to be made. Did my attorney possibly miss something here? I've already lost almost everything, and the attorney is aware of this. I'm trying to salvage what I can, but I've got creditors knocking down my door on a daily basis.

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      • #4
        Having never negotiated a settlement in your state, I can't comment on how common it is to work the payment schedule into the agreement. I can only tell you that the statute allows for this to happen. If the attorney fees are still up in the air, the whole settlement has not been approved yet and I wouldn't expect the money to be due before you have that piece of it. For one, attorney fees come out of the award. Until you know how much goes to the attorney, you don't know exactly how much you are due.

        Personally, if you haven't received the first check within 30 days of the whole settlement finally being approved, I'd be asking questions. As the state has 60-90 days to approve the fees portion, you can guestimate from there based on when the agreement is submitted for approval.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          Wow....ok. Thank you very much for your assistance. It looks like I'm probably still 8-12 weeks away from seeing a check then.

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          • #6
            I personally had my one and only WC case when I worked in Missouri, and I believe it was about 45-60 days after the settlement had been approved.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Just updating....still no check. I've called my attorney's office, and his assistant told me they "hope to see it sometime within the next 30 days, but we just have to wait." Then she said, "Don't call us about it, we'll call you as soon as the insurance company sends the check over."
              I've lost everything I owned. Everything. I'm so happy that WC takes care of the employers and protects them so that they can continue to do their business day in and day out.

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              • #8
                Originally posted by jmillas View Post
                I'm so happy that WC takes care of the employers and protects them so that they can continue to do their business day in and day out.
                How is this protecting your employer? I don't know why there is the delay but it doesn't benefit the employer either.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  Originally posted by ElleMD View Post
                  How is this protecting your employer? I don't know why there is the delay but it doesn't benefit the employer either.
                  The whole process benefits the employer, not just this delay. If you can't see that, you have to be blind or misguided.

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                  • #10
                    How would a delay in the insurance company getting the money to you be of any benefit to your employer? I've negotiated a lot of settlements (did one Monday) and I have never seen any sort of benefit in dragging the process out.
                    Last edited by ElleMD; 07-25-2007, 06:22 AM.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      So, here we are getting ready to begin the month of August, and still nothing. Why isn't there some way to check on the progress? Should my attorney have answers to my questions about why this is taking so long, other than "Don't call us, we'll call you." ???

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                      • #12
                        Originally posted by ElleMD View Post
                        How would a delay in the insurance company getting the money to you be of any benefit to your employer? I've negotiated a lot of settlements (did one Monday) and I have never seen any sort of benefit in dragging the process out.
                        There is obvious benefit to the insurance company to drag their feet on paying - they get to keep their money in their pocket longer. What is the benefit to the employer, you ask? Simple, their WC rates aren't going to be increased until the IC pays any money out.
                        The whole WC process protects and serves the employer. If it didn't, employees wouldn't need attorneys to wade through all the mumbo-jumbo and negotiate settlements.

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                        • #13
                          Should they? Maybe. Is it required? No. There isn't a way to check the progress because there just isn't a system in place to do that.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                          Comment


                          • #14
                            Originally posted by jmillas View Post
                            There is obvious benefit to the insurance company to drag their feet on paying - they get to keep their money in their pocket longer. What is the benefit to the employer, you ask? Simple, their WC rates aren't going to be increased until the IC pays any money out.
                            The whole WC process protects and serves the employer. If it didn't, employees wouldn't need attorneys to wade through all the mumbo-jumbo and negotiate settlements.
                            My rates take into account what is in the reserves for each claim, not just the total of the checks that have been printed to date. This is often the case.

                            Clearly you aren't going to see this as anything more than a system that is designed to benefit employers but I assure you that it beats the tort system 90% of the time. Employees are covered regardless of fault (rare cases of intentional injuries aside) and get benefits that are not available through the tort system. Slow as it may be in WC, in the tort system, you'd be light years behind where you are now.

                            Trust me my issues with the WC system are not few but it is the system we are stuck with and it beats the alternative for all parties.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment


                            • #15
                              Originally posted by ElleMD View Post
                              My rates take into account what is in the reserves for each claim, not just the total of the checks that have been printed to date. This is often the case.

                              Clearly you aren't going to see this as anything more than a system that is designed to benefit employers but I assure you that it beats the tort system 90% of the time. Employees are covered regardless of fault (rare cases of intentional injuries aside) and get benefits that are not available through the tort system. Slow as it may be in WC, in the tort system, you'd be light years behind where you are now.

                              Trust me my issues with the WC system are not few but it is the system we are stuck with and it beats the alternative for all parties.
                              I hear you. I'm extremely frustrated right now, having lost everything I've worked for. My wife left last week, and took my son, because she couldn't stand the phone calls from creditors any longer. Right now, I'm seeing my former employer still in business, so they haven't lost anything in this. I was the one who got injured, and I've got nothing.

                              Comment

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