Visitor Question

Rear ended by commercial box truck and sedan while at stop light…

Submitted By: Douglas (Bronx, NY)

I was the first car stopped at a red light, and was struck behind from a sedan and a commercial box truck. The NYPD was called, and a Police Report was generated. I went to the hospital emergency room the same day. Also, I informed my employer the same day of the work-related accident in the field.

I started the workers’ compensation process and completed the C3 form. I continued and complied with all treatment from medical providers and 3 Independent Medical Exams (IMEs). I just became aware of obtaining MMI (Maximum Medical Improvement), and was informed of reaching permanency for a spine-related impairment.

I have not heard anything about the other company’s limits due to being self-insured and represented by third party administrator. I have not heard anything regarding a settlement. What course of action is best here? Should I pursue suing the parties involved, or get an attorney to represent me? Thanks for any direction you can give.

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 Douglas,

From the facts you present, you should be entitled to full workers’ compensation

benefits, including compensation for your out-of-pocket costs (for medication, bandages, costs of travel to and from treatment, etc.), all your medical bills, and about 2/3 of your lost wages. Workers’ comp doesn’t pay for pain and suffering

However, you were struck by a third party. You also have a right to pursue the third party driver for your medical bills, out-of-pocket expenses related to the crash and your treatment, ALL your lost wages while you are treating and recovering, and an amount for your pain and suffering.

Seek out several personal injury attorneys to review your case. Fortunately, most will not charge any fee for an initial office consultation.

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: April 26, 2015

How Much is Your Injury Claim Worth?

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

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *