i was hit by a car march 12th of 2008 while flagging traffic - the guy wasn't speeding or under the influence , just not looking down at the seat beside him - when he heard me yell he looked up and emediately slammed on the brakes ( that's when i started running ) he skidded for 75 ft. before i was hit , fracturing my hip , tearing the ligaments in my knee , and tearing up the shoulder ligaments and socket. Workers comp has ( so far ) claimed $60.000.00 of the insurance the guy had ( $100000 ) is this normal ? i've been paying into workers comp for 50 years , it doesn't seem right for them to take the insurance money. i have had surguries on knee and shoulder (still have a month at least on that one ) and my caseworker mentioned something about compensation in a few weeks , but am still wondering if i'll be able to go back to work even though things are better they're not comeing back to normal.[/size][/b]
first and formost welcome to this site......WC does not pay for pain and suffering and pays only for doc,hospital,meds and a % of your paycheck....yes they will take every penny of his insurance if they can.and then begin to pay...you need to find a lawyer that can handle both WC and the 3rd party....WC will push you back to work as soon as possiable it is good for them and sometimes for you also if you and your body is ready...please respond with your state as that would be helpful to those that come behind me that are much smarter than me
What state???????????????????????
What state???????????????????????
sorry - i forgot to say that it was in texas
yes. workers comp is entitled to reimbursement from 3rd parties -subrogation. The provision in the law prevents the employer/carrier from contributing to a workers double recovery for the same injury.
P.S. it's illegal for employers to charge workers for their workers comp insurance;
In texas work comp is optional but it's not at the employees expense.
for more information on comp insurance in texas
http://www.tdi.state.tx.us/wc/employee/index.html