| 1. |
If I am injured on the
job and I have filed a workers' compensation claim, do I
have other legal rights independent of workers'
compensation? |
| 2. |
Is there an advantage
to filing a third-party action in addition to a workers'
compensation claim? |
| 3. |
Can I receive both
workers' compensation benefits and a personal injury
recovery for the same incident? |
| 4. |
Do I have to pay an
attorney to represent me in a personal injury action? |
| |
| Q1. |
If I am
injured on the job and I have filed a workers'
compensation claim, do I have other legal rights
independent of workers' compensation? |
| A1. |
If your
on-the-job injuries were as the result of the negligence
of a "third-party," you have the right to proceed with a
civil action independent of the workers' compensation
claim. For example: If you are driving a vehicle in the
course and scope of your employment and you are rear-ended
and suffer injuries, you have the right to file a workers'
compensation claim as well as file a civil action against
the person who rear-ended you.
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| Q2. |
Is
there an advantage to filing a third-party action in
addition to a workers' compensation claim? |
| A2. |
Workers'
compensation benefits are limited to payments for
disability, such as temporary disability and permanent
disability, including providing for medical care. However,
in a personal injury action, additional benefits are
available such as obtaining reimbursement for loss of
overtime, loss of future earning capacity some
out-of-pocket expenses (such as for a replacement rental
vehicle), and the most recognized benefit, compensation
for pain and suffering.
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|
Q3. |
Can I
receive both workers' compensation benefits and a personal
injury recovery for the same incident? |
| A3. |
You cannot
receive a double recovery for one accident. Normally, the
workers' compensation carrier is reimbursed for any
expenditures made.
If you file a personal injury action
and the employer paying the workers' compensation benefits
files a lien, intervenes in the suit, or has filed a
separate suit, the employer will be entitled to
reimbursement for benefits paid.
To maximize a net
recovery, the workers' compensation case and personal
injury case should be coordinated, as each case can have
an impact on the other.
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|
Q4. |
Do I
have to pay an attorney to represent me in a personal
injury action? |
| A4. |
Most
attorneys handling personal injury cases are paid on a
contingency basis. This means that if the injured party
receives a recovery, the attorney is paid a percentage of
the recovery. If the injured party receives no recovery,
the attorney is paid nothing.
If the injuries are as the result of a
work-related injury, again, the coordination of the two
related cases is important to maximize the recovery.
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