Q: I was rear ended in company car while working. I am suing the trucking company that hit me. Should I sue Work Comp too.
The Attorney I hired for the personal injury, referred me to a workers comp attorney as well. I have reached MMI after a lumbar fusion but I still have a pinched nerve in my neck from whiplash that causes complications . My comp attorney is acting like I should just take what WC offers and has not ever really been enthusiastic about my claim. Should I just take what WC offers or do you think there is a conflict of interest wanting the personal injury attorney to make more on the back end since in Oklahoma WC attorneys are limited on what they can charge.
A: MMI is a bogus concept invented by insurance companies. Be guided by what the injury attorney has to say. It sounds like you have signficant issues, and fusions are never mmi as the person can develop pain and other issues as the fusion puts more strain on the discs above and below the point of injury.
A: We cannot provide an answer to your questions without knowing the full extent of your matter, which would include a review of your records-----you have 2 attorneys and should speak to them about your concerns and options and hopefully they can provide you satisfactory answers for you to make an informed decision. Please note that I am not expressing an opinion on your case and I am not licensed in Oklahoma, however, one aspect you do not mention is that the WC is most likely entitled to a reimbursement of its monies paid to and or on your behalf from the accident from your settlement with the 3rd party----that is, in theory, the more comp pays on your behalf then the more comp seeks in reimbursement. As such from a dollars and cents standpoint, sometimes settlement with the WC is advisable----but this answer does not take into account your physical health which is why I cannot provide an answer to your question. Good luck.
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