You have both a workers compensation and a third-party claim against the adverse driver. Contact a personal injury attorney in the state where this incident occurred.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
From your facts you definitely have a worker’s comp. case and potentially a third-party case against the driver. I say potentially because that really depends on your injuries and/or damages. You should first talk with a local worker’s comp. attorney and find out what your state’s laws are regarding reimbursement of worker’s comp. benefits in a third party cases.
If you have low damages and have to pay back all or most of your worker’s comp. benefits then it may be better off financially to just go with worker’s comp.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
There is a civil case for liability, or "third-party claim", against the other driver. Workers' compensation claims and third party liability claims are interrelated. It is a good idea to consult both a workers' compensation and personal injury attorney who will work together to maximize your compensation under both claims. Please feel free to call me to discuss.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
You have both a civil case and a workers comp case. Because the accident happened in California, you must retain an attorney there.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
You have a civil case- BUT THERE MAY BE NOTHING TO GET FROM THE OTHER DRIVER.
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