Submitted by reicherg on Wed, 03/02/2011 - 09:39
While driving from a job site back to my office. I was rear ended by a truck. I had chest pain from the seat-belt. It progressively got worse so went to ER concerned because I had open heart surgery 5 months prior.where I was told I had a bruised chest and the old surgery site herniated. Is this covered under workers comp, my personal car insurance or the person that hit me?
Workers compensation claim
Ultimately, in a complicated scenario like the one you describe, there could be several parties and insurers involved in the suit. For example, in cases where you are on the job but your injury is caused by someone other than a co-worker or your employer, you may be entitled to pursue a third-party claim. In such an action you may be able to collect damages that you could not normally collect under the Workers Compensation Act, such as damages for pain and suffering.
The best advice I can give you is to seek medical help, report the accident to your employer ASAP, fill out an accident report, and then talk to a Massachusetts personal injury lawyer. An experienced lawyer will be able to explain your options and outline a plan of action. Good luck.