We live in San Diego county. My husband has been on workmans comp for over a year, 5-lower lumbar discs, deposition complete, doctor’s report is complete, how much longer will it take to settle his personal injury claim?

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We live in San Diego county. My husband has been on workmans comp for over a year, 5-lower lumbar discs, deposition complete, doctor’s report is complete, how much longer will it take to settle his personal injury claim?

How much longer will it take to settle our San Diego county personal injury case? We have a San Diego lawyer on the case and this is also an emotional distress case. Do we push for answers? We have filed for SSD. Will this make up the difference of what will be lost in 8 months after being on workmans comp for 2 yrs?

Asked on May 14, 2009 under Personal Injury, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Sadly, contested proceedings in workers compensation can sometimes go on for years.

Your San Diego lawyer should be keeping you up to date on what is happening in your personal injury workers comp case, and he should tell you, if he hasn't already, whatever he knows or believes about what happens next and when. That may not always be much, because if the court takes its time deciding, there's nothing much that anyone can do except wait.

If there's a ruling, for example, that you are due 50 % permanent disability payments, and that you have been due those payments since they were applied for last August (still for example), you would at some point get a lump sum check for those past due payments.


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