Auto Injury. Need Advice.

What is the name of your state (only U.S. law)? FL

Dear Internet People



Ok, Lets give this a shot. I was involved in a car accident on 10/06/10. I was stopped at a stop light and the driver hit me from behind while I am on the job. The driver received a ticket for careless driving. FHP told me he believes the driver was driver at speeds of 45-50 mph. Meanwhile I was working at the time. At the time of accident all I was feeling was light-headed. Then a few hours later my mid-upper back, neck, and back of my head was/is hurting. When I walk I was getting dizzy and losing balance towards my left side of my body. Currently my employer stated we have to go thru workers comp to treat for my injuries. I went to the hospital on 10/07/10 because at Urgent care I explained my symptoms and he told me to go the ER. They did an x-r ay on my neck and did a CT. The results were clear. They stated I had neck sprain and concussion syndrome.



To this day my mid-upper back and neck currently still hurts. I went to see a neurologist and we did an MRI and they told me that I have Bulging Discs on my Neck from C-3 thru C-4 and C-4 thru C-5. Now I am seeing an Orthopedic doctor since 01/05/11. My Orthopedic doctor told me we need to do some therapy for 6 weeks. I am still currently not working due that I am on light duty cant left more than 10 lbs. My employer did notify me today that he may be able to get me back to work starting next week with these limitations. My employer is sending me a letter for me to sign. The person at fault insurance company sent me a letter that they want to settle for due that the driver was at fault but I am still being treated for my injuries. Someone told me whatever settlement I received all of it goes to worker comp and I get nothing in return for pain and suffering, etc. I hope I gave enough information for yall to assist me. Any information would be great. Thanks!


Regards,What is the name of your state (only U.S. law)?

You should consult a lawyer familiar with both workers comp and auto accident cases. Workers comp will need to be paid back out of any settlement you receive, so you will need to make sure the settlement is large enough to do that and still leave enough for you to be compensated. You are better off then most though, not only your medical bills but also your lost wages are being covered now, you don't have to wait to settle with the auto company.

Thanks for your reply.
This is the letter that I recieved today.
Dear #####
Per the work restrictions (no lifting greater than 15 lb, no overhead lifting, walking long distance, or climbing) from your last visit with Dr. ###### on ###, ##. ####, we have work available that will accommodate these restrictions, This position will pay 80% of pay of your current salary. Please report to ### ###### on ###, ##, ####.
Sincerely,
XXXXXXX

Any thoughts on this I need to sign and bring it back to my employer? Should there be anything I should add to this letter to be safe on my part? Thanks!

I don't know what your question is. If those are the restrictions, and the job accomodates them, then you need to work at the job offered. Worker's Comp MAY make up the difference in your salary, you will have to ask them.

Other then that, you really should talk to a lawyer before you have any dealings with the auto insurance company.

Your injuries sound like they are going to last for a long time, so settlement shouldn't happen until you are 100%. Once you settle future bills are your responsibility......
Workmans comp and all med bills will have to be paid plus your lawyer is entitled to 1/3 of that total. Make sure that you go over this with the lawyer and how he is to be paid for this. If you owe the med and WC 100% after settlement plus you have to pay out 1/3 out of the settlement, you may only be getting around 1/2 of any settlement after everyone is paid back. Make sure you have a good understanding of this.

Some states they get 1/3 from WC and whomever is footing the med.

Hope you recover fully.