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What to settle first work comp or personal injury - NY
#1
Just trying to figure out what to settle first, workers compensation or personal injury. My attorney said something about holiday for workers compensation, but aren't they just fronting money their going to get back the other way? Also, if I at not really healed, can they force me to MMI?
 
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#2
The courts make the decisions-including whether the employee is at MMI; its not up to either party.
You should talk to your atty about comparative/contributory negligence as far as subrogation recovery.
The carrier/employer does not have an absolute right to recover all comp costs if they share some responsibility for the circumstances of 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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