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Will I jeopardize my workers compensation claim if I file a personal injury claim for
09-07-2010, 06:48 PM
Post: #1
Will I jeopardize my workers compensation claim if I file a personal injury claim for
I have 2 workers comp claims, which I am now receiving California state disability insurance. The first injury was approved for state disability benefits until the end of the year. The 2nd is approved state disability until the end of this month.

The 2nd injury was due to an auto accident while at work. I would like to file a personal injury claim for the auto accident injury and claim lost wages (the difference in my typical pay and state disability pay). If I were to make a personal injury claim for the lost wages on the auto accident (2nd claim), would it disqualify me for claiming the remaining lost wages (until the end of the year) in my workers compensation claim (1st claim)?
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09-07-2010, 06:52 PM
Post: #2
RE: Will I jeopardize my workers compensation claim if I file a personal injury claim for
state disability is paid for non- work related injuries or when comp is in dispute.
no, it would not.
workers comp is entitled to re-reimbursement for all it's costs when there is a third party recovery.
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03-27-2011, 01:58 AM
Post: #3
RE: Will I jeopardize my workers compensation claim if I file a personal injury claim for
(09-07-2010 06:52 PM)1171 Wrote:  state disability is paid for non- work related injuries or when comp is in dispute.
no, it would not.
workers comp is entitled to re-reimbursement for all it's costs when there is a third party recovery.

just an FYI-state Disability will put a lien on any settlement you receive-that is what they did to me. And yes you would have to turn over any money received from the 3rd party case over to the Workman's Comp insurance.
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03-27-2011, 02:07 AM
Post: #4
RE: Will I jeopardize my workers compensation claim if I file a personal injury claim for
(03-27-2011 01:58 AM)dzftvh Wrote:  
(09-07-2010 06:52 PM)1171 Wrote:  state disability is paid for non- work related injuries or when comp is in dispute.
no, it would not.
workers comp is entitled to re-reimbursement for all it's costs when there is a third party recovery.

just an FYI-state Disability will put a lien on any settlement you receive-that is what they did to me. And yes you would have to turn over any money received from the 3rd party case over to the Workman's Comp insurance.

No.
workers comp will not take any funds over and above what were paid on the claim.
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