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WC and personal injury case question California

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  • WC and personal injury case question California

    I drive a company delivery truck, I was in an auto accident which was not my fault at all. Workers comp is going to send me a check for lost wages and they are taking care of medical bills (ambulance, ER, MRI, therapy). If I get a personal injury settlement from the person who hit me is workers comp entitled to 100% reimbursement?
    Secondly, when I return to my company (probably office work at first) does workers comp still pay my lost wages from my second job (bartender) which I may not be able to return to as soon?

  • #2
    Originally posted by ace21 View Post
    I drive a company delivery truck, I was in an auto accident which was not my fault at all. Workers comp is going to send me a check for lost wages and they are taking care of medical bills (ambulance, ER, MRI, therapy). If I get a personal injury settlement from the person who hit me is workers comp entitled to 100% reimbursement?
    Secondly, when I return to my company (probably office work at first) does workers comp still pay my lost wages from my second job (bartender) which I may not be able to return to as soon?
    I am not sure about the first question, but I am under the impression that WC only covers the job you were working when you got hurt, not a second job.

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    • #3
      WC pays both wages. Hurt on job 1, WC pays 2/3 those wages and if you have a second job they also pay 2/3 those wages.

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      • #4
        If you seek a third party claim, then yes, WC does have subrogation rights. WC can not collect from the third party claim more than they paid out, and there are a variety of ways to structure the settlement. You really need to discuss this with a lawyer though.

        How TD works and when you are eligible for it or TPD is explained here http://www.dir.ca.gov/CHSWC/Reports/...book-3rdEd.pdf
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Originally posted by turbowray View Post
          I am not sure about the first question, but I am under the impression that WC only covers the job you were working when you got hurt, not a second job.
          That is not the case in the OP's state. Please make sure you check the facts before posting.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD View Post
            That is not the case in the OP's state. Please make sure you check the facts before posting.
            I wasn't sure, that is why I said, I am under the impression. Sorry poster, bad info from a friend.

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            • #7
              it's ok turbo. thanks ellemd. i did more research regarding temp. disability from WC and partial temp. disability so I guess i'll be ok regarding lost wages pay.
              I do have a personal injury lawyer but i just started this stuff so im learning as i go (like everyone else who is injured for the first time)

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              • #8
                Originally posted by ace21 View Post
                it's ok turbo. thanks ellemd. i did more research regarding temp. disability from WC and partial temp. disability so I guess i'll be ok regarding lost wages pay.
                I do have a personal injury lawyer but i just started this stuff so im learning as i go (like everyone else who is injured for the first time)
                I wish you the best of luck, I will take more time to study my answers I get from someone else before I post. It is hard enough to go through this without the incorrect information. Thanks for being so understanding. I am very grateful to the senior members that help me along on things I don't know enough about! Keep us posted, so we know how it is going, as it progresses along!!

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