Q: How much is my case worth?
My work truck was rear ended by tractor trailer while on the job. I sustained neck strain, back injections due to lower back strain, shoulder contusion, head laceration closed with 8 staples, concussion with loss of consciousness and ,8 months of physical therapy.
A: In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation carrier for the benefits you have received (at least in part). This all can get very complicated so you need the services of a lawyer who knows both workers compensation and personal injury to represent you. It may mean settling both claims. No one can give you a valid appraisal of the value of your claim on the facts you have presented.
A: There is no compensation for pain and suffering under the Worker's Compensation Act.
However, there would be in a third-party action against the tractor trailer.
The comp carrier will actually have a lien against that case for the benefits they paid for medical treatment and wages.
If you do not already have an attorney capable of handling both matters, it would be in your best interest to retain one as soon as possible.
Feel free to contact me directly if you have further questions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.