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do you need to pay back workmans comp?
#1
I'm not sure I understand this completely....any help would be appreciated.

My father was injured by a forklift with some of the equipment installed at the incorrect location which resulted in this accident. As a result of injury, passed away...my mother has to go to a deposition regarding this. Her lawyer told her that a settlement would go to pay back workman's comp ? is this correct? I cannot see as to why a settlement regarding the accident would go towards paying workman's comp back...
 
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#2
by the way, this happened in PA
 
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#3
it sounds like your mother has a civil suit against a third party.
if so, workers compensation has subrogation rights. comp law gives the employer/comp carrier the right to be repaid for it's cost should another party be held responsible e.g. the third party settlement.
there can be multiple possible parties with liability for an injury - comp. negligence/civil, med malpractice, etc.
subrogation prevents "stacking" and multiple recoveries for the same injury.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
1171 if you have a case like you think this is would you have to win your civil suit before they could go after the settlement paying back WC? I guess what I'm wondering would be if you are still fighting this lawsuit you could lose so would what work comp paid stand and if there was a settlement would that go to the wife? Not sure that sounds right but I hope you understand
 
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#5
not sure i understand your question but....
no. any third party recovery/settlement -for the same injury/event - is subject to work comp subrogation.
surviving spouse has right to work comp death/survivor benefits and subrogation would prevent double recovery.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
Thats all I was wondering. If just because you filed a lawsuit did that mean you could lose the WC money because you might not get anything out of the suit
 
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#7
reimbursement of comp would only come after the 3rd party suit was resolved. comp files a lien for it's liabilities against the suit.
the lien has to be delt with in any resolution of the suit.
if the suit is totally unsuccessfull and there is zero recovery, then comp would get nothing.
you get the greater of one or the other other but not both.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
just wondering if WC paid HIM and he died and now the wife has a cival suit against the 3rd party why does she have to pay back WC? after all WC didnt cut her a check.But if wc did cut the check to her they will have to be paid back.just wondering is all
........I love cats, I just cant eat a whole one by myself......







 
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#9
To the extent the third party case was for the wife's loss of consortium that portion would not necessarily be part of the subrogation, but the majority of the settlement would in all likelihood be for the husbands lost earnings and medical bills. Since the WC carrier has already paid for the lost wages and medical bills that would be part of the subrogation lien to avoid a double recovery.
Timothy D. Belt
DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The answer given is based only on the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
 
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