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

Announcement

Collapse
No announcement yet.

Multi car accident while on job

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

  • ElleMD
    replied
    It is possible for the IC to go after the third party to recover what was paid out. I've done it. It was an auto case and the IW didn't wish to pursue it and because of the lien wouldn't have recovered much.

    Leave a comment:


  • Beth3
    replied
    Happy to oblige. I always reserve the right to be wrong.

    Leave a comment:


  • CAIW
    replied
    I don't doubt we're saying the same thing regarding subrogation rights of the ER/IC.
    My comment was directed more to ''seperate action'' of the carrier after the 3rd party.

    If that were to be the case... the IW would have no recovery of past/future wage loss, nor pain & suffering etc. Carriers are happy to let the IW chase after the 3rd party....and few ever volunatrily raise the question of shared atty fees. Nor do the PI/IW either...

    thanks for the discussion...

    Leave a comment:


  • Beth3
    replied
    I can't speak to every State but my State's WC regulations were modeled by a great many of others so that what is allowed in my State holds true in many instances.

    Liable third parties can be sued for negligence. For example, if the design of a machine was faulty resulting in an occupational injury, the manufacturer can be sued. Same goes for the "at fault" driver in a car accident. The employee can't double collect (i.e., they can't be paid for medical bills and lost wages the WC carrier paid on their behalf) but they can sue for the difference. The WC carrier will subrogate separately for their own out of pocket expenses but not for the injured employee's losses.

    It's certainly worth the OP discussing with an attorney.

    Leave a comment:


  • CAIW
    replied
    Separately, the WC carrier will be going after the driver's insurance carrier for their costs.
    Not a challenge here Beth... I was under the impression, in most state comp statutes I have read, there wouldn't be a seperate action by the ER/IC paying benefits...but part of the 3rd party action by the IW... subrogation rights.
    The ER/IC should participate in the PI atty fees...IMHO, as they stand to recover benefits paid...IW shouldn't bear 100% there, when the bulk of the money generally goes to the ER/IC.

    IF there was no case by IW, the carrier would go after the 3rd party, and the IW would/could be compelled to cooperate in their recovery...however, the IW would see nothing from that action.

    WC with PI overlap is very very complex and requires an atty competant in both arenas...if not the PI doesn't care about the WC claim, or atty repping in the comp claim either. The comp AA's dislike PI for the basic reason of fee structure. PI taking 33% +/-, AA/Applicant Atty in comp limited to a mimimum %...ie, Calif 9% to 12%...rarely more than 15% but for the most involved claims.

    Leave a comment:


  • Betty3
    replied
    I was wondering where CAIW got quote though assumed possible spammer. Post apparently
    deleted & spammer probably banned.
    Last edited by Betty3; 03-14-2011, 08:01 AM.

    Leave a comment:


  • Beth3
    replied
    Originally posted by latisha27 View Post
    I was a passenger in multiple car accident while on the job in my companies vehicle should i get a lawyer to sue the third party if they are giving me workmans comp benefits? I broke two bones and was air lifted to the hospital for emergency surgery.
    While you can't sue your empoyer over a WC injury, you can sue a third party - in this case the driver of the at-fault car. You should speak with a WC or Personal Injury attorney about this. You may be eligible to receive compensation for the difference between the indemnity payments for lost wages and your regular income, pain and suffering, etc. Separately, the WC carrier will be going after the driver's insurance carrier for their costs.

    Leave a comment:


  • Pattymd
    replied
    CAIW, I've reported this poster as a possible spammer.

    Leave a comment:


  • CAIW
    replied
    And it is your company that should sue to the third party for such accidents not you. As by this , it will become a personal matter.
    That is not true.
    If the employer/comp carrier sues for recovery of benefits paid, THEY will get the money for those benefits.
    IF the IW sues in a PI case... there is the possiblity of control of the case, as Bob/ATTY has pointed out, with the provisions for compensation of pain/suffering, past/future lost wages, and maybe punitive damages.

    It is a "personal matter"....to the injured party. The employer/carrier is not ''injured''.

    Leave a comment:


  • complwyr
    replied
    OP would have a tort claim against the third party in addition to the comp case, but there is probably comp lien against the proceeds, to prevent an alleged double recovery by the OP. If OP initiates the tort claim she may have more control over it, as she would otherwise simply have to cooperate with comp carrier's suit against the third party, and not be in control of the claim.

    Leave a comment:


  • Betty3
    replied
    Yep, sure was!

    Leave a comment:


  • Pattymd
    replied
    I thought he might be, wasn't sure.

    Leave a comment:


  • Betty3
    replied
    There was a post before Patty's post - spam/India. The spammer
    posted 4 spam posts. (deleted spam)

    Leave a comment:


  • Pattymd
    replied
    If the OP can't work he IS getting compensation; worker's comp benefits.

    Leave a comment:


  • Betty3
    replied
    Agree with Patty for an on the job accident & WC is paying your medical
    bills.

    Leave a 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