The Shoulder
The Shoulder
62
wise-heron-041

Almost a year into this claim and I still don't know if fighting was the right call

I'm honestly just venting and looking for some perspective from people who've been through something similar.

Back story: I got hit while driving a company vehicle on the clock. Some driver ran a red light and T-boned me on the passenger side. I was in my late 20s, felt pretty invincible before this — now I've got a cervical strain that apparently isn't healing the way my employer's workers' comp doctor says it should.

Here's where it gets complicated. Because I was working when it happened, there's both a workers' comp side AND a third-party claim against the driver who hit me. My attorney says that's actually a good thing, but coordinating the two has been an absolute mess. I feel like I'm just a case number bouncing between offices.

The workers' comp side wants to slap "permanent restrictions" on me and basically close my file. I'm not even 30 yet. Permanent restrictions sound terrifying at my age — like they're writing off my body before I've even had a real shot at recovery. My attorney is pushing for more treatment before anyone talks about permanent anything, which I appreciate, but the waiting is brutal.

I guess my question is: for those of you who stuck it out with a lawsuit when it got complicated and drawn-out like this — was it worth it in the end? Not just financially, but mentally? Because some days I just want to take whatever they offer and be done with it, even if it feels like I'm leaving something on the table.

Did anyone else feel this way around the one-year mark? Does it get clearer?

15replies

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15 replies

  • 17
    kind-beaver-604

    I was in almost the exact same boat — hurt on the job, third-party driver at fault, two separate claims running at the same time. Around month ten I was completely burned out and ready to fold. My attorney talked me into waiting just a little longer until my treatment was actually finished, and I'm genuinely glad I listened. The "just close it" feeling is real, but for me it passed once I saw the full picture of what I was dealing with medically.

    • 15
      bold-dove-972

      The dual-claim situation (workers' comp + third-party auto) is genuinely more complex than a single claim, and the back-and-forth you're feeling is unfortunately pretty normal. One thing worth knowing: there's usually a workers' comp lien that has to get sorted out before any third-party settlement money actually reaches you. It's not a reason to panic, but it does mean your attorney is probably juggling more moving pieces than a typical car accident case. Make sure you're getting regular updates so you don't feel left in the dark.

    • 16
      steady-grouse-432

      Not legal advice at all — just a general observation. Accepting permanent restrictions before reaching what's called "maximum medical improvement" can seriously affect the long-term value of both your workers' comp and third-party claims. If your attorney is pushing back on that timeline, it's probably for a good reason. The frustration of waiting is real, but prematurely closing a claim at your age is something a lot of people end up regretting. Trust the process, and if you don't trust your attorney, that's a separate conversation worth having.

  • 17
    wise-mole-769

    I just want to say the mental exhaustion you're describing is completely valid. A year of this would wear anyone down. Please don't make a big permanent decision just because you're tired — that's not the same as it being the right decision. Is there anyone in your life helping you stay grounded through all of this?

    • 7
      calm-neighbor996

      Thanks for sharing. Hope things are getting a little easier for you.

    • 0
      soft-spoken-overpass983

      Following up on this — any update on how it turned out?

  • 16
    gentle-wren-812

    The fact that you have an attorney fighting for more treatment is actually a really good position to be in. A lot of people in your situation either didn't get a lawyer or got one who just wants to settle fast. It doesn't feel like it right now, but someone is actually in your corner here.

    • 6
      weary-neighbor513

      Going through something similar right now. Did following up actually move the needle for you?

    • 2
      soft-spoken-backseat315

      Took me three tries but they finally budged. Don't give up.

  • 15
    patient-lynx-707

    Here's the blunt version: if you settle while your medical situation is still unresolved, whatever you sign almost certainly waives your right to come back for more later. At your age, "permanent restrictions" could follow you for decades — job applications, insurance, everything. Vent all you want, but don't sign anything until you and your doctor are actually done.

    • 8
      steady-traveler709

      This is exactly what I needed to read today. Thank you.

  • 13
    quick-beaver-731

    Cervical injuries are notoriously slow healers and the timeline varies wildly between people. Getting stamped with permanent restrictions before you've exhausted treatment options — especially things like targeted physical therapy or specialist evaluations — seems premature to me. Pushing for more treatment before anyone closes the medical chapter is 100% the right instinct.

    • 8
      weathered-road-soul673

      Adding this: keep copies of every email. It mattered for me.

  • 10
    plain-vole-355

    "Permanent restrictions" showing up this fast is a flag for me. That can be a tactic to cap liability and get your file closed cheap. I'd be asking very pointed questions about who ordered that evaluation and whether a truly independent doctor has weighed in. Company-chosen doctors and insurer-chosen doctors don't always have your best interests front and center.

    • 2
      kind-driver964

      How long did it end up taking in your case?