Legal Question in Workers Comp in Arizona
workman's comp lien against uninsured motorists
In arizona can a claim filed against my unisured motorist have a lien against it by workman's comp? My Auto carrier tells me my claim settlement will be for lost wages, and pain and suffering only. Workman's comp will receive offset for medical expences due to lien.
1 Answer from Attorneys
Re: workman's comp lien against uninsured motorists
ABSOLUTELY NOT! Arizona law does not permit the auto carrier to offset for amounts paid by workers' compensation, and the workers' compensation carrier's lien does not extend to UIM claims. You get to claim your full damages and collect your full damages from the UIM carrier, regardless of whether it was an on-the-job accident.
Tell them to back off on that position or you'll find a lawyer who does both personal injury and insurance bad faith, and take even more money from them!
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