Expert: Doctor Settlement - 8/5/2009

Question
While riding with my employer to get work supplies 06/25/2009 we were driving on I70 towards Indianapolis,In.My employer was on the phone and didnt see all traffic had stopped on the interstate because of another accident ahead of us.When he finally noticed he yelled my name,swerved,clipped a truck and we veered into some woods doing 70+ mph.We hit a tree and I broke my right forearm and thumb.Thumb had to be surgically repaired and I have been in cast for 6 weeks now.Work comp is covering my med bills and paying me 2/3 lost employment.My employer was ticketed for "Following to closely".I would rather not have to get an attorney to cover this as my mother has worked in the insurance field for 40+ years but at same time in different department from auto claims.My reason for not wanting an attorney of course is paying 1/3 or more to him/her for MY injury and feel that if I really want to do this in "True faith" im better served not being represented.Am I way off base here? Thank you for your time and look forward to your response.

Answer
Hi Tony,

Sorry to disappoint you, Tony, but in your case, legal issues require me to recommend an attorney.  Maybe you have read online Doctor Settlement teaches self help insurance claim settlements.  Maybe you learned that our website www.SettlementCentral.Com is personal injury claim instruction headquarters.  But in this case, I am not going to recommend my website membership for you.  And instead I am going to advise you to see an attorney who also knows workers' comp claims.  The reason is that his insurance might not want you to have a general damages (i.e. pain and suffering) payment.

You have two potentially conflicting claims here: a workers' comp claim and a negligence claim.  The problem might be that his insurer could state that this is strictly a workers' comp claim.  You cannot sue your boss for his negligence while on the job.

What if your boss had been negligent while you were unloading those supplies back at work and somehow he caused some kind of injury?  You would have NO claim versus him since our society decided to trade the sure thing of workers' comp payments for medical and lost wages in exchange for avoiding the disruption that a lawsuit in the workplace would cause. Hence, when a worker is injured by co-workers or the boss, he has no lawsuit unless there was gross or willful negligence on the part of the boss.  

Of course if the worker is injured by the negligence of a third party, such as a contractor on the site or another driver whilst making a supply run in a vehicle, then the worker does have BOTH a workers' comp clam and a civil claim in tort.

Hence, you may wish to first find out whether or not the insurance is going to deny you any general damages claim or if they are going to waive their defense and pay your general damages.  Then, consider an attorney.  If you insist upon going it alone, do get some guidance of some kind.  You can consider www.SettlementCentral.Com, but only if you are certain that his insurance is going to waive their defense.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com