I was injured in a car accident that was work related in November 2012. Workers comp and a lawyer were involved in the proceedings. I have degenerative disk disease in my neck and lower back as a result of the accident. When I settled the case with the lawyer I was under the impression that I settled with the insurance company of the driver, not Workman's comp. I'm still having complications from the accident, and when I called workman comp they said my claim had closed. Can I reinstate my claim to receive benefits from the claim. I'm not trying to persue the driver, only workmans comp. Any suggestions.....
Was it your lawyer or the insurance company's lawyer that you were dealing with? The paperwork you signed to settle the case would have been very clear about what claims you were settling.
If you tried to do this yourself, without getting yourself a lawyer, then you have illustrated why representing oneself on a complicated legal matter is often not a good idea.
It is unlikely that a MVA caused your DDD. Degenerative disk disease develops over time, like years. But the accident certainly could have aggravated the DDD.
IF you have settled your comp case on a full and final basis and it has been approved and paid out, then there may be nothing you can do about it. If you can clearly prove that you were actually misled, then perhaps a good workers' comp lawyer can get it reopened for you. Good luck.
Jaret Adam SpevakWorkers' Compensation LawyerAtlanta, GA ·
It's not clear from your question if the lawyer you settled with was your lawyer, or the insurance company's lawyer. The drivers' insurer likely wouldn't have hired a lawyer unless you filed a lawsuit against the driver. So, if you weren't represented, it sounds like you may have settled your workers' compensation claim. I would suggest you contact an attorney who specializes in workers' comp to discuss your situation. Good luck!
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
If the lawyer you mentioned, was representing you, then that is the person you should talk to to get details about what your options may be. If that attorney however, was representing the insurance company, and you were unrepresented, then you should consult a local workers compensation attorney as soon as possible, to find out how to proceed.
The only solution for you is to hire a workers comp lawyer to review your case. It costs you nothing and it is the only way to get a reliable answer on what you can and should do in your situation. Find a lawyer who will analyze your case and give you an honest assessment and go from there. Best of luck to you.
I would recommend consulting with a workers compensation attorney. You may very well have simply settled the claim with the other driver. Sometimes workers compensation adjusters will say a claim is "closed" just because there has not been any activity in the claim for a long time - no doctors visits, no income benefits, etc. It does not necessarily mean your case has settled. This could certainly be the case here, since you did not believe you had settled your case. A workers compensation attorney can help you determine the exact status of your case and recommend how you should proceed.
It is vital to review whatever settlement there was. If you had no representation yourself at the time, you may have given away more of your rights than you needed to. If you already settled your workers' compensation claim but you still need medical care, it may be more complicated and expensive to obtain now, but a personal injury attorney can still try to get you help.
Hopefully you still have the settlement documents. That will tell you whether you settled the comp claim or the auto accident claim against the other driver. If not, retrieve them from your attorney. If you settled only the third party claim, then you may still have a claim under the workers comp statute. You need to speak with an attorney pronto. You are 2 years post accident. Various statutes of limitation could act to defeat your rights. The two statutes most important to you right now is the one year statute governing initial filing and the 2 year change in condition statute. This assumes that your accident is a GA workers comp claim.
