Expert: Bennie719 - 5/11/2009

Question
I was involved in a rear end collision in 09/08 in which I was not found to be at fault. I had to stop suddenly when traffic stopped, and was rearended, and pushed into the vehicle ahead of me. The force with which I was pushed into the front car was enough to cause damage to my left shoulder (rotator cuff) and put me into 12 visits with a physical therapist. The work with the therapist was primarily to stretch and strengthen my muscles to alleviate the pain while I healed.

My question is, after these visits, I felt OK for a few weeks, but the pain has been coming and going for a few months now. If I go back to the doctor, he will send me back to physical therapy, which I can't do due to a change in work schedule. Also, before the accident, I was working out regularly to get in shape for my wedding this coming October, but for fear of reinjuring myself, I have stopped working out.

Can I demand that the insurance company pay for a personal trainer in lieu of another round of physical therapy, since it is their insured who was the cause for me to stop working out (and for the continued discomfort the training will counter)?

Also, to make things more confusing, the accident happened while I was at work, so Workers Comp has been covering most of my medical bills.

Where should I start in terms of a settlement, especially considering Worker Comp will be entitled to a certain portion of it?

Answer
Hi Sherri,
I'm sorry to learn of your injuries and the effect they are having on your plans.
Unfortunately, this is common for an illness or injury.  Your first priority is to get your body back to 100%.
You can make no demands against the adverse company until you are  
fully recovered.  At that time, you will make a settlement demand for
pain and suffering, lost wages etc.  That must be done within the statue of limitations that apply in the state where the accident took place.  These statues vary, ranging from 1-5 years with the most common (about 24 states) being 2 years.  You need to learn the statue for your state.  If you can't easily do that, send me a follow up with the name of the state and I will provide the information.

You will have to deal with workers comp regarding a personal trainer.

in my opinion, your chances are slim to none because workers comp
want's all your treatment overseen by a doctor and performed by licensed or registered specialists.  There is certainly no harm in trying, but I think they will only approve additional physical therapy.

I hope that you find this information helpful.  Your feedback by rating my response will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area