Workers Comp Claim For Auto Accident

Date: January 6, 2010
Posted In: DLP Law

Paul had sustained a work-related back injury and, with the help of some excellent therapy, was scheduled to return to work in just three days. Paul was on his way to his last physical therapy session when he was stopped at a stoplight on Main Street in Honesdale. Paul was suddenly rear ended by a large out-of-state SUV.

Despite having his seatbelt on, Paul was violently thrown forward at the same time that the airbag opened. Paul immediately felt extreme pain once again in his low back and, as a result of the rear-end collision, his return to work would ultimately be delayed almost four months while he once again rehabilitated.

Issue: Will Paul be entitled to Workers\’ Compensation benefits for the additional four months?

Answer: Yes. Because of the fact that Paul was injured once again while on his way to treatment, it would be considered all part of the original work-related injury. Thus, Paul\’s additional four months of medical bills and lost time would all be compensable. If Paul suffered other injuries besides the original injury to his low back, that would also be considered compensable under the Pennsylvania Workers\’ Compensation Act.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.