Workers comp help I Was In A accident on the job,dose anybody know if i can get a settlement from comp?
I am a Class A driver and on april 17th of 2008 I was on my way back from my last stop on 95 north in MD about 7 miles north of baltimore. I was only doing about 55 miles an hour because of traffic conditions. I was in the middle lane when i came up on another semi who was only doing about 45mph. I flashed my lights try’n to signal that driver to yeild the lane (a good driver will always let the trucks behind him go by if they are going slower) after 15 minutes it became air apparent that this guy didn’t care and wasn’t going to move,infact he started going slower.I flipped my blinker on and started looking for a opening on the right side but because of the middle lane was being blocked all the 4wheelers(cars) were zipping by on my right side. I finally got the space i needed and started to come over when a guy in a honda decided he was gonna beat me to it and stepped on his gas pedal. Well i just went back in the middle and waited for him to pass but he just wouldn’t,so finally he backed off and i took my oppertunity but he was still so close that i had to keep a watchful eye in my spot mirror,i couldn’t see what was in the front left lane because of the semi obstructed my view,long story short when i finally got into the left lane within a split second i looked in front of me and there was somebody haulin a tanker and he was only going maybe 5mph,i made a last deperate attempt tp go for my out but it was to late, My neck was broken in 2 places,and my ribs were also broken and i had cause severe damage to one of the major artteries, I had to have a emergency fusion and something they called a bone graph but i was told they took a bone out of my lower back,I have a lawyer but he just won’t give me give me a number ,The rest of life is going to be altered because of this and my family just need some piece of mind, my lawyer also told me that i won’t get a lump sum and all i will get is a certian amount of weeks payed out over time,if anybody know anything that can help me not get cheated i would be very thankful.My job already fired me,they actually fired every driver without warning because they lost thier account,i got fired before i came back,thank you all for your time and i hope somebody can help me but any stories about people you know would be apreciated to ,just remember this is a workers comp case under new jersey laws and the insurance provider is new jersey manufactuers.
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From your description your inpatients was the cause of the “accident”. When you come up behind a truck that is only going 45 there is usually a good reason for it. You found that reason in you rush to pass and discovered the truck going 5. I do not know about MD but in IN workman comp is pretty much useless and if they find out that you caused the accident you will get nothing. Under the circumstances you describe 45 was a reasonable speed and you probable would have gotten by all right had you not been so impatient. Hope the best for you and also that you will have learned your lesson that first going 45 is not so bad and when you come up behind someone going slower it is best to find out why before you rushing into a bad situation.
It doesn’t matter if the accident was your fault. Workman’s comp will still cover your injuries. It doesn’t pay you, though, it pays the medical care providers. The amount it pays directly covers lost wages, and since you were laid-off right after the accident, it won’t be much. Your attorney cannot speculate on the settlement. That would be unethical. He will, however, see to it that you’re not cheated.
In the meantime, file for unemployment, since you lost your job due to reduced work, not because of the accident. And look into temporary disability from Social Security.
Hope you’re feeling better. Good luck.
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