Workers comp Q&A




I have settled with SCIF and left the medical open. What is the ongoing responsibility of my attorney now. Who pays my attorney now throughout dealing with SCIF and getting my medical taken care of?




This is an interesting question I was hoping someone would ask. Your attorney was paid from the award that you negotiated or got at trial from state fund. The easy answer is, no one is going to pay your attorney to deal with your medical issues as there is almost no realistic possibility of a fee for the ongoing utilization review, independent medical review, requests for treatment authorization forms and all the other things that are going to entail your future medical care. If the case ultimately ever goes to a compromise and release, which is a final lump sum settlement, then your attorney may recover an additional fee. If your case remains an award with open medical, then your attorney will likely never get another fee. Most applicants don’t understand that attorneys pretty much work for free on open stipulated cases since there are only very rare instances where there are attorney’s fees.