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North Miami Woman Injured in Car Accident While Working Makes Recovery Beyond Worker Compensation Claim


A 36 year-old North Miami mental health case worker was injured in an auto accident while driving to visit one of her clients. She was traveling through an intersection with a green light when she was struck on the passenger side by the defendant, who ran a red light at a high rate of speed. Our client’s vehicle spun out of control and came to a stop at the corner of the intersection. The defendant was texting on her cell phone at the time of the accident and ran a red light. Our client was rushed to the emergency room by ambulance complaining of neck and low back pain.

North Miami Case Worker Is Told She Must Make A Claim Against Her Employer

Because she was working at the time of her accident and was driving to meet with one of her clients, our client was told that she must get treatment with workers compensation doctors. She was sent to a doctor by her employer and began treatment immediately. Our client began to be concerned with her treatment however, because she felt that the doctors provided by her employer were not concerned with actually treating her injuries. She felt that they were more concerned with protecting her employer by trying to minimize the extent of her injuries. She also did not feel comfortable making a claim against her employer as she did not want to lose her job.

Mental Health Case Worker Contacts North Miami Auto Accident Attorneys Dell And Schaefer

Though she was informed that she could only make a workers compensation claim, our client called auto accident lawyers Dell and Schaefer to get a second opinion. Our auto accident attorneys immediately knew that she had been given bad advice. Though it is true that our client had a valid workers compensation claim because she was working at the time of her accident, she also had the ability to make a 3rd party claim against the person who caused her accident because that person was not her employer.

North Miami Auto Accident Victim Has Both A Worker’s Compensation Claim And A 3rd Party Claim

Many people do not realize that it is possible to have both a workers compensation claim as well as a 3rd party claim against a person or company other than their employer. Because her accident was not caused by her employer, our client was able to make a claim against the person who caused her accident. Just because she was working at the time of her accident did not mean that she was limited to a worker’s compensation case. If the accident had been caused solely be her employer or did not involve any party other than her employer, she would be barred from making any claim other than a worker’s compensation claim against her employer.

North Miami woman Gets The Medical Attention She Needs

Our client was mostly concerned with the lack of helpful medical attention. She reported no improvement of her symptoms whatsoever under the care of her workers compensation doctors. The North Miami auto accident attorneys at the Law Office of Dell and Schaefer were able to refer her to a board certified orthopedic surgeon who immediately ordered an MRI of her lower back. The results were cause for concern. The MRI revealed that she had suffered a herniated disk of the L4/L5, which is one level up from the lowest level of her spine. She was recommended for spinal surgery but wanted something less invasive. Instead, she received physical therapy 3 times per week for approximately 3 months. She noted a marked improvement in her painful symptoms after the first few weeks of physical therapy.

Attorneys Dell and Schaefer Help Client to Receive A Financial Recovery

Because her condition improved with therapy, our client felt it was appropriate to settle the claim against the person who caused her accident so that she could put the entire incident behind her and focus on work. The North Miami car accident attorney Jason Macri was able to negotiate a settlement with the insurance company for the person who caused our client’s accident as well as the insurance company for the workers compensation providers. The settlement enabled our client to pay all of her outstanding medical bills with all of her providers and receive compensation for pain and suffering and future pain and suffering. She was even able to receive compensation for potential future medical care. Our client was most happy with the fact that her claim did not interfere with her status as an employee and that she was able to get back to work and keep her job without any issues whatsoever.



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