What is the name of your state? Maryland. I had a work related auto accident where I was rear ended in the company vehicle in Oct 04. I have a lower lumber strain is what the workman comp doctor told me. I have returned to work after being off for 6 weeks. I still received full paychecks while i was off but i did continue therapy for one month after I went back to work and I still have the back pain. They say that nothing is in the xrays but they do not know why I still have pain. My question is can I sue the person who rear ended me insurance company for pain and suffering or does wokman comp do that. I have no attorney