Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Reimburse IC from third party settlement $ ? Alabama

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Reimburse IC from third party settlement $ ? Alabama

    I recently returned to work after I tripped and fell in a retail store several months ago. I was on duty at the time so the whole thing, (surgery, rehab, disability benefits), was covered by WC. It looks like I will be receiving a settlement from the store where I was injured. My attorney says that I will have to reimburse the IC for all the disability benefits and medical bills they paid on my behalf. Is this common practice? If so, would the amount be negotiable?

  • #2
    Originally posted by phydeaux View Post
    I recently returned to work after I tripped and fell in a retail store several months ago. I was on duty at the time so the whole thing, (surgery, rehab, disability benefits), was covered by WC. It looks like I will be receiving a settlement from the store where I was injured. My attorney says that I will have to reimburse the IC for all the disability benefits and medical bills they paid on my behalf. Is this common practice? If so, would the amount be negotiable?
    Yes, this is normal practice. Otherwise, it is considered "double dipping" - being paid twice for the same medical bills/disability payments. (once by the IC & then by the store settlement) That would be up to the IC if the amount would be negotiable.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Where there is a 3rd party liable for the damages/loss etc the ER is providing benefits for your injury under their WC plan. As the 3rd party/store is liable the benefits your ER provides must be reimbursed.

      In a PI claim, the injured party/IW is entitled to lost wages, pain and suffering, and punitative damages, those do not go to the ER/WC IC.

      The settlement monies are not negotiable between you and the store, and your ER...just between your ER and the store. This is called subrogation.

      Even after the settlement to the PI claim, your ER is still holding liability for the medical treatment you may need...PI coverage ends at some point, but WC continues for as long as necessary to 'cure and/or relieve from the effects of your injury/illness'...

      PI and WC are a comlicated process when settlement time comes around...there are credits the WC carrier will take and other issues..Listen to your attorney. That will continue to be your best source of information.

      More detailed information on this is here...http://www.legislature.state.al.us/C...75/25-5-11.htm

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X