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Workman comp and auto accident

Asked almost 4 years ago - Seattle, WA

i had a injury at work and on the way back from my doctors visit i was hit from behind at a stoplight. now labor and industries has refused to pay for my doctors visits unitl the auto accident is cleared up and the auto accident has refused to pay until the pre exisitng claim is settled Help

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Attorney answers (4)

Okorie Chukwudimm Okorocha

Reputation Level 19

Answered almost 4 years ago. DUI / DWI Attorney in Los Angeles, CA.

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Do you have an attorney? I would search the AVVO system for an attorney that does BOTH personal injury and workers compensation.

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Glenn Neiman

Reputation Level 10

Answered over 3 years ago. Workers' Compensation Lawyer in Langhorne, PA.

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Though I only practice in Pennsylvania, and workers' compensation systems vary widely from State to State, in PA any injuries you have from this auto accident would be compensable. Under Pennsylvania law, you would not have had to auto accident (because you would not have needed the physical therapy) "but for" the work injury. As noted above, it is very advisible to speak with an attorney licensed in your State.

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Stephen J. O'Brien

Reputation Level 14

Answered over 3 years ago. Workers' Compensation Lawyer in Pittsburgh, PA.

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I do not practice in your State and therefore this response is merely informational. If injuries are separate and distinct then it should be fairly easy to get the compensation carrier to resume payments. Do not go to the doctor on the same day for multiple treatment, Have the doctor's office separate out the treatment.

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Steven L Shaw

Reputation Level 9

Answered over 3 years ago. Car / Auto Accident Lawyer in Bellevue, WA.

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That's a tough spot to be in. There are a few unanswered questions, though. First, do you have your own auto insurance, and if you do, do you have PIP or MedPay coverage? It's mandatory in Washington to carry it, but it can be declined when you purchase your policy. Hopefully you do.

If you are currently being treated for an L&I claim, go see your AP and have him or her write you an opinion letter apportioning any injuries which were exacerbated by the collision, and have that same doctor identify any new injuries. That can be presented to your insurance company for them to pay for the portion that corresponds to them. They may ask that you be seen by a doctor of their choosing to confirm that.

Labor and Industries, however, can't stop treatment because you have gotten into a car accident. They are required to keep covering you until your industrial injury is healed. You really should speak to a Worker's Compensation attorney. A number of good ones are listed in the Avvo network in Seattle. I've worked with many of them and they can help you.

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