Re-injured in car accident while still on worker's comp...

by Joey
(Kissimmee, FL)

I'm currently on Worker's Comp for injuring my right arm, shoulder, side of neck and lower back area at work. I have been taking physical therapy for over a month now and I was seeing progress. A few days ago, I was involved in a car accident where I was hit head-on by another car. It feels like I've re-injured the same area.

The other party accepted complete liability. Their insurance is saying iI might have to pay out of pocket for my doctor's visits and they will send me a lump sum at the end of treatment.

My question is: if through the PIP I am ordered to get physical therapy for the same area, am I supposed to disclose this to Worker's Comp? And will I lose my Workers Comp benefits if I inform them? How would this work? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Re-injured in car accident while still on worker's comp...":

Joey (Kissimmee, FL):

Florida law does not require you to disclose any recent medical condition to the workmans compensation insurance company. The law does though require you to be truthful if asked questions about your helth by the workmans compensation representatives.

If asked by workmans compensation or their legal representative about your recent injury you must be truthful. It is difficult for us to say whether you will lose your workmans compensation benefits or not. It is though highly probable the new injury will interfere with your workmans compensation case.

The problem now will be where the old injury stopped and the new injury began. Mixing both injuries together will certainly be problematic.

With the facts you present we don’t think your workmans compensation case will be lost. We do think it will be compromised. By compromised we mean you are going to have to convince the workmans compensation insurance representative that your initial injuries are separate and apart from your new injuries.

To do that you are going to need expert medical evidence. That means you are going to have to find a doctor who will be able to “divide” the cases into two separate injuries. You have a difficult road ahead of you.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Prior Injury Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION