Auto Insurance Says Accident Should Be Under Workers' Comp

[PandorasBox]

Hello,

This is a very unique situation I am caught in the middle of. This is for the state of Michigan.

I was involved in a single car accident enroute between a pre-employment drug test and the office of the company who sent me for the test.

This has been going on for two years now (as if being in the accident wasn't stressful enough). It basically a battle between lawyers for the car insurance company, and lawyers for the employer who sent me for the testing.

Due to back injuries sustained in the accident, I have a permanent lifting restriction. Many of the jobs I worked in the past involved heavy lifting.

The biggest issue to be settled in court is: Is this a Workers Comp case?

My questions:

- Since the trial date is postponed again.....but depositions from doctors are being taken....Do I need a lawyer? Should I get a lawyer now? Or wait until the trial date is finally set?

Thanks for any help.

[LawResearcherMissy]

Why would you think an injury incurred on the way to a pre-employment drug screening would be a Workers Comp case?

It's not. Workers Comp covers injuries incurred in the course of your actual duties at work.

Crashing your car on the way to pre-employment screening is NOT a work related injury.

[PandorasBox]

Maybe I didn't make the situation clear....(I don't get a lot of sleep when I deal with this).

My car insurance company got a lawyer, because they think it is a W.C. case.
The potential employer I tested with has a lawyer who thinks it's not.

It's a battle of insurance companies.

Car insurance company lawyer says I should have a W.C. lawyer with me during these depositions, court dates, etc. But he can't advise me as to anything beyond that. This case could go on for another year or more.

I guess I am wondering more:
Should I get a lawyer now? Or wait until the court date approaches? Or wait until a ruling is made as to whether or not it is a W.C. case.

I've met with one lawyer, but I'm not really getting any answers.

[aaron]

This is a lawsuit between the auto insurance company and the worker's compensation carrier, over which one is primarily responsible to pay your medical bills and rehabilitation?

[PandorasBox]

Hi Aaron,

Thanks for the better title.

It seems to be over who is responsible for the bills, though the car insurance company pays them and wage loss right now. Even for the gym membership, prescribed to keep my back in shape. I have to go work out regularly for the rest of my life because of the injuries.

Wage loss is only paid for the first 3 years. So from what I understand of it, if it becomes a W.C. case, the employer would be responsible for that, or for the cost of retraining to find new work suitable for my injury.

I should also mention that I am hearing impaired so telephone work needs to be minimal (not accident related).

My jobs before were mostly physical work: Merchandiser, stock clerk, cashier, shipping/receiving, pick n pack, truck unloader.....so you can see where the lifting restriction makes it hard to find work (aside from Michigan's wonderful economy). I've even been looking out of state since I got the clearance to work again.

Atleast 5 medical offices have the same conclusion - the back injury is a result of the car accident. I have copies of my med records for 20 years showing no history of back pain.

Aaron, thanks for your time and any advice you have.

[PandorasBox]

Does anyone have any more insight to this case?

I talked to a a W.C. attorney (as recommended by Car Insurance lawyer). He doesn't think there is a case.

Still....there is another Control Date. Then finally a trial (if it doesn't get post poned AGAIN).

What I have learned is this: We do the trial. Then it can be 60 days before a ruling from the judge. Then it can go Appeals Hell on either side.

If it is ruled a W.C. case, then I would have go get a W.C. lawyer and file a W.C. case through that lawyer.

What a mess, huh? I wanted a job, not a messed up back and 2 years of Legal Hell.

Thanks for reading this again, and for any advice you can give. I know this is a unique situation.

One more question: Although Wage Loss ends at the 3 year date of the accident, car insurance still has to pay for (1) Prescribed gym membership, (2) medical treatment and prescriptions, correct? (Michigan No-Fault, Comprehensive Coverage).

A couple more details, which may shed light on the case:

I had gone to the center that performs the pre-employment drug/alchol screening.

I was not able to produce enough urine.

They gave me paper cups and pointed at the drinking fountain.

I drank a lot of water, but still could not go. Time limit expired.

I called one of the office numbers (new office), reached a person who was at the airport. He said to go to the office for a new form.

I was heading for the office when the accident happened. Single car, possible cause "Water Intoxication".

Injuries: Burst fracture to L-1; Herniated Discs at L4-5.