Am i entitled lost wages for the whole time i was out of work?

Are you asking about lost wages from the work injury? If so, then I think the answer is "No." You weren't off work due to the work injury so there is no lost wages. You don't indicate that the surgery was due to the work injury. Are you asking about lost wages from the car accident? It appears that the need for surgery was related to the car accident so I would say "Yes." Neither insurance company wants to pay you so they are each going to point to the other one and say you should be pursuing that one for the lost wages. This gets complicated. I recommend you retain counsel to represent you on both cases. Start with the WC case. Use the "Find a Lawyer" tab at the top of this page to find a top rated WC lawyer in the Inland Empire. Once you have that lawyer in place, he can recommend you to a P.I. lawyer for the car accident.

You need an attorney to help you. The insurance company is assuming that the pinched nerve in your neck was going to result in surgery but that is not necessarily true. Both the workers comp insurance company and the auto accident ins co are going to point at each other and claim that the time off was due to the other accident. There a re a number of attorneys that do both auto cases and workers compensation, or they have other lawyers in the firm that do the other type of law. Use the find a lawyer section here to locate someone to assist you.

You really should not try to do this yourself without counsel. It will cost you nothing up front to retain a workers compensation attorney and a personal injury attorney. The fees are a percentage of recovery. To answer your question, work comp will not pay wages if the car accident was not during your time on the job. The car insurance company is making what seems to me to be a specious argument. You should be entitled to lost wages as part of that settlement. Insurance company adjusters work on these cases all the time, and are expert at trying to minimize their company's payment to you. Attorneys fight them regularly for their clients; let an attorney or two fight for you.

Was the car accident while you were performing work activities? Or going to a doctor or pharmacy for your work related injury? If the answer is yes to either then all the time you miss from wok (up to 104 weeks) is eligible for TTD payments. If the answer is no to both of my questions then you probably are not entitled to TTD UNLESS your PTP or QME states that you are TTD from your OTJ injury.

An attorney would need to know more about the facts and circumstances involved in order to properly advise you. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor sign any release or grant them access to any medical records. Photograph your injuries and the damage done to any property. Contact a personal injury attorney as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides and information I have published on .com dealing with many of the issues you are now facing. The Guides and information can be accessed through my profile page on .com. I wish you the best. If this information has been helpful, please indicate below. Legal Disclaimer: The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise you to confer with an attorney to ensure proper advice is received and your rights are protected.