I had a temporary disability claim for a knee surgery on 3/25/13. After the knee did not heal another MRI was done showing two additional tears in the knee. A second surgery was done on 7/8/13, I was put out of work until 10/2/13 and subsequently lost my job because of the extended time period of absence. During the recovery period for my knee, I was involved in a bad Motor vehicle accident but still under temporary disability for my knee. Since I was still covered for the knee, I didn’t file for the MVA. It has now become necessary to file a new claim for the back injury due to the MVA which happened while unemployed but still on short term disability. How do I go about this? Do I have to have my previous employer fill out income information again even though I have not worked for awhile?
You will need the assistance of a personal injury attorney for the auto case. Your income will be a factor but the personal injury attorney will know how to deal with this issue.
Workers' Compensation Lawyer
You would have both a workers compensation case and a personal injury claim. You should discuss your rights with an attorney. You should have an attorney for the compensation case assuming that you intend to file a claim for partial perm. Note, counsel fees are limited to 20 percent in compensation cases of which the insurance company pays 2/3 of the counsel fee.
This is NOT complicated. You have 3 potential claims:
1. A WC claim
2. An unrelated MVA claim - if injured, hire a personal injury attorney
3. A claim under your disability policy
Other than potential set-offs, the 3 claims are SEPARATE and you should handle each one as though the other doesn't exist (except you cannot hide the claims).
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