I had a bad truck wreck (work truck) last month and Ive suffered some bad injuries. I plan on going to court with the "company" who's truck caused the wreck and my injuries. My question is can workmens comp collect against any money won in court ? I was told that workmens comp can collect some of the $$ the spent on me via my court case winnings unless I get this straight through settlment before the case.
Im just trying to see if my possible lawyers advice is correct or not .
yes, workers comp retains the right to subrogate (receive reimbursement) against any other coverage or payment for the same injury/condition.
There are some exceptions (uninsured motorist, etc.)
You are not allowed a double recovery - both work comp and 3rd party settlement for the same accident.
[size=medium][font=Comic Sans MS][i]please include the state where the claim was filed.[/i][/font][/size]
11-28-2007, 09:05 PM
(This post was last modified: 11-28-2007, 09:07 PM by wontgiveup.)
Yes, the attorney gave you correct information. It's called subrogation.
When a third party is involved, generally WC will pay for your medical and other benefits without question, (no fault system) and then they have the right to subrogate against the person or company at fault.
In other words, the subrogating insurance company has the legal right to recover anything paid out on the workersÃ¢â‚¬â„¢ compensation claim. As an example, if you received a total of $20,000.00 in compensation and medical benefits, the insurance company has the right to recover that amount from the person or company at fault. If your third party settlement was $200,000.00 and the subrogation was $20,000.00, you would have $180,000.00 as a settlement thru third party.
You're not off the hook yet. The $180,000.00 settlement from the third party is a "credit" on your WC case against future benefits.
You would not be entitled to any future workersÃ¢â‚¬â„¢ compensation benefits until your future workersÃ¢â‚¬â„¢ compensation claim exceeds $180,000.00.
The settlement with a third party usually ends the case, but not always. Before settling a third party case you should consult with a WC lawyer and make sure the settlement is adequate to cover future medical and wage loss. Your WC lawyer may also know a way to reduce the subrogation. Talk to several lawyers about this possibility, before you sign with any one lawyer.
Good luck to you!
Let Go, and Let God......
ChrisChris - he did pretty much mention everything you said including future claims with them as well. My injury's involve bones as well as my brain which I was kinda worried the lawyer might be thinking payday on a easy case of pain and suffering.
While My recovery as gone extremely well and I hope to return to driving a truck in some months however only time will tell .
Pain and suffering can be recovered in your civil suit, but WC doesn't pay Pain and suffering.
Bones and Brain. Sounds pretty serious. Hope you are young enough to have a good and full recovery.
Let Go, and Let God......
Prayers for you are going up now. Me thinks you are one lucky person to survive such injuries...as someone apparently was watching over you and allowed you to stay on this earth!!
Good Luck & welcome to the forum! Lilly
Injured worker, & tired of it all! I'm too old for games!!
A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!