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Complicated temporary disability issue, need guidance! See below

Eatontown, NJ |

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?

Attorney Answers 3


  1. 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.


  2. 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.


  3. 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).

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com