Legal Question in Workers Comp in North Carolina
Tractor Trailer Accident
My husband was in a Accident On Sept. 21, 2005 Another truck ran him off the road and down off a over pass. He was taken to Local Hospital in Va were it happened. They Said He was just sore. Then he went to a Dr today and they told him he had whiplash. But His back is swelled up and giving him much more pain he can bearly walk. He passed out this evening. I am getting scared we are less then 11 days from me giving birth to our son. He is demanding to go back to work but the Company wont let him and when he told the Dr you haft to relese me The Dr Said your unable to drive but then acted like he was fine. He keeps yelling we can make it waiting 3 weeks for a check. Is that How long it takes. And is Whiplash Serious the dr acted like it was like a common cold.
3 Answers from Attorneys
Re: Tractor Trailer Accident
Your husband has 2 potential claims: one for worker's comp, and one against the other driver. I would strongly suggest that he speak to an attorney to make sure he understands his options. It may well be that he has a more serious injury than he suspects; he should not sign a release of his rights until he is sure of his medical condition and what claims he might have.
Re: Tractor Trailer Accident
You will want to make sure your husband gets evaluated by a neurologist or orthopaedic specialist to make sure of no serious injury.
You will also want to make sure NC has jusrisdiction over an accident that happened in VA. If so, file a NC Industrial Commission Form 18 ASAP to initiate the claim/have the insurance carrier become involved. Go to NC Industrial Commission home page to download Form 18, Form 33 (Request for Hearing)and Bulletin for starters. A link to the Commission can be found at ncdisability.com.
Other claims may be available as well, also with time limits. You should consult an experienced attorney as quickly as possible. Most do not charge an initial consultation fee. Good luck!
Re: Tractor Trailer Accident
He needs to see an experienced neurologist right away. The symptoms may indicate a more serious problem, like a damaged cervical disc. He has a workers' compensation claim and should file Form 18 with the NC Industrial Commission ASAP. He should already be receiving benefits and medical treatment by now since the employer knows of his injury. Good luck!
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