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what type of settlement too get and how long too wait

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CableGooch

Junior Member
What is the name of your state? Ma.
I was rear ended on the job im currently still unable too work, and for the forseeable future looks similar. The persons insurance carrier who cause the 3 car accident on the highway( main guy hit a guy directly up my ass who then tranfered the impact directly too me and shot me forward 30+ft) contacted me too see about makeing a claim and settleing or something(havnt called em back yet) I have a workers comp case going also cause i was on my way home from work. should i wait till all cases concerning issue are settled or should i settle now and if either choice how do i base what im looking for? other then the obvious of pain which is alot, my loss of work is being covered but only at 60% can i include the other 40 as bargening? I just dont know what is reasonable and unreasonable?:)
 


ecmst12

Senior Member
I don't think you will be able to claim worker's comp since your work day was over and you were on the way home. Your commute is not part of the work day.

Yes, the 40% of your lost wages can be claimed. But you are not going to want to settle until your treatment is close to complete and you know the full extent of your injuries. MA is a no-fault state so your own auto insurance should be covering your medical bills; if you exhaust your own coverage then you can look to the at-fault driver.
 

fcobarr

Member
OP - remember that anything your insurance pays out for health care may be recoverable by them out of any settlement that you get from the at fault party - this is also known as subrogation - someone please correct me if I'm wrong in saying this. Thanks.
 

ecmst12

Senior Member
The amount paid for medical bills by your own auto insurance is usually not subrogatable in no-fault states. I know it's not in PA, not positive in MA. OP can ask his claims adjuster if he will have to pay them back out of his settlement...but I'm pretty sure he won't. If he had his HEALTH insurance pay the bills, then he'd probably have to pay them back.
 

CableGooch

Junior Member
to answer the first question , travel is part of my job i get paid to drive too a job and drive home from a job i get regular hourly wage +ot workers comp already accepted the claim well they are paying with me without prejudice at the moment. From what i have heard and read worker comp will go afte the at fault party for thier expences and i can settle if i choose. but i am not a lawyer and i didint know if the auto insurance is liable for any type of diminished capacity ie... i average 1300/wk after all is said and done im not gonna be able too do that so mabey i can only make 800 who would compensate me for the other 500, is that a workers comp thing or the auto insurance?
 

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