Visitor Question

Fused Disks in Neck from Car Accident…

Submitted By: Gene (Tampa, FL)

I had a knee surgery from a workers comp injury. I got a staph infection from that surgery so I had a 2nd surgery and was in the hospital for 6 days.

The workers comp insurance company hired a transportation vehicle to drive me home and we were in a car accident. The impact blew out 2 discs in my neck and 3 in my lower back. Nothing was done about the lower back but I had neck fusion at c4-c5 and c5-c6.

At this point I don’t know what to do. We have a mediation set for Monday and I don’t know what to do. Any help would be great. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Gene,

It would be important to know if the mediation is going to be for the original accident, or the new one. The new one is not a workmans compensation case.

If you don’t feel prepared for the mediation, ask for a postponement. It would be hard to conceive the other side would object, especially because of your injuries.

Because your original and new injuries involve extensive medical treatment it would be imperative we know the approximate total of your medical treatment to date.

Your future pain and discomfort, although in and of itself can not be a part of a negotiated or mediated settlement, in the workmans compenstaion claim, the suffering you have endured certainly should be taken into consideration by the

insurance company.

The collision involving the transportation vehicle is not a workmans compensation claim. It is a separate claim and should not be handled like a Workmans compensation claim. In a separate non-related automobile injury the law does provide for an additional amount for pain and suffering.

If you haven’t visited with a Personal Injury/Workmans Compensation Attorney yet, now would be the time. Don’t sign anything until you get legal advice. You will be glad you did, and sorry if you don’t.

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

Best of luck,

Published: June 12, 2017

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