MORE INFORMATION:

While I was on my way to see a customer, my car was struck in the rear by an SUV.  I was stopped at red light.  The car was completely totaled.  The police and ambulance arrived soon after the crash and I was taken to the hospital.  I had multiple injuries, including a herniated disc in my back.  I was in the hospital for a few days before being discharged.  I was diligent about seeing my doctors and doing physical therapy.  I have not felt the same since the accident, however, and my doctors told me that while I can return to work, I will have to “take it easy” and not lift anything heavier than 15 pounds and this condition is likely to be permanent and may worsen as I get older.  What are my legal rights?

ATTORNEY ANSWER:

This problem presents two claims.  One is for an injury on the job because the employee was on his way to see a customer.  This is referred to as the “coming and going rule” in workers’ compensation and permits the injured employee to get paid for his medical bills and a percentage of his lost wages while disabled.  The second claim is for pain and suffering against the driver of the SUV who caused the accident.  Since the underlying claim is for workers’ compensation, the employee’s Personal Injury Protection (Pip) will not apply because the medical bills and lost wages will be covered by workers’ compensation.  If the workers’ compensation carrier refuses to pay, however, this can lead to contentious litigation at the Massachusetts Department of Industrial Accidents and requires forceful representation by the employee’s attorney.
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