Can I work while my case is pending?

by Anonymous

I'll be getting an MRI pending authorization from workers compensation for a pinched nerve/herniated discs (C5/C6 Left and C6/C7 Right). I need to have options for income, since SD is up to 52 weeks and this will end in a few months.

If my workers comp case is pending and I start working prior to a decision, what will happen to the case? Is it voided or still in process? And how long after an AME is conducted typically before a decision is made?

Also, what happens with the medical treatment and attorney fees? Am I responsible for these? I need to know what the next steps are and have plan accordingly. Thanks so much for any information you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I work while my case is pending?":

Anonymous (USA):

If you return to work during the pendency of your workers compensation claim your lost wages income may be terminated. The claim though will continue.

There isn't a specific time from the date of the Agreed Medical Examination (AME) to the date of settlement. The final settlement date will depend upon several factors. Here are just a few:

1. Whether or not you decide to seek another medical opinion.

2. How soon the AME results are interpreted and added to the claim.

3. The number of other pending claims.

4. Your attorney's schedule.

The attorney's fees are set by statute. Depending upon the total amount of compensation, your attorney will receive a corresponding percentage. You will not be responsible for paying him or her.

Your next step should be to contact your attorney if you have one. He or she is the best person to give you a more definite time line for the final settlement of your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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