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.
God Bless,
J.F. Hoen
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