Expert: Anne - 3/13/2009

Question
In October of 2008 I was riding passenger of my employers work truck. We were rear ended while coming to a stop on the freeway.  The accident caused me to have Whiplash (strained neck and back muscles). I was off work for 6 weeks. During that time I was treated by a Works Comp Doctor and received Worker Comp Wages.  I also attended Physical Therapy Sessions, as advised by the treating Doctor. I am still collecting all medical bills, so I do not have a final dollar amount for that. My question is what is the Third Party (The at fault parties insurance company) responsible to pay back? I have been told that I will get my 6 weeks pay reimbursed to me. Is this true considering I received Works Comp Wages? I have also been told that my pain and suffering can equal or up to 3 times the Medical expense. Is this true? I do know that the Works Comp Insurance Company is wanting reimbursed for their payouts for wages and medical. Thank you for your advice.

Answer
Hello Ryan,

You cannot double dip workers comp and a back wages claim. This is pretty well settle law in the United States.

The insurance company will pay back the workers comp carrier directly for what you received.

You are entitled to pain and suffering and the payments that the workers comp carrier did not pay you (if they pay your wages at 80% --- you are still owed 20%. If they paid 100%,  you are owed no more wages). Different insurance companies do different things evaluating the value of pain. Some people argue that multiplying the medical bills will give you what you are supposed to get.

This is not a correct statement. There are many factors out there that will influence your settlement (like how bad is your injury – whiplash has a much lesser value than a broken bone, even if the whiplash medical bills are higher – which they could be in some circumstances).

For more information on how to evaluate your pain, Please visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

Good Luck
Anne