My work comp case settled by stipulated award with open future medical for large Herniated disk.My herniated disk was treated by WC and now doing Physical exercise at home shown by my Ex WC Physical therapist (because WC don,t have anymore treatment for me except surgery witch i am trying to avoid).Now I have a auto accident witch aggravate my pain more. Can I sue the Faulty driver ins for my medical treatment? I am worrying
about my WC open medical or it will be any problem with my WC case.
Your WC award is for life, so you're fine there. Your personal injury case against the driver may be reduced due to the prior injury but you should pursue both claims.
You can sue the faulty driver for your medical care. They will argue that you had a preexisting condition. You will need a lawyer for this type of case. Doing it on your own will almost assure that you will not be properly compensated for your injuries resulting from the car accident.
As stated previously your WC future medical care is for life. You pursuing your PI case will have no effect on your WC medical. I as the other attorneys that answered question recommend that you get legal representation immediately. Good Luck
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