Legal Question in Personal Injury in California

Do not get your legal advice from insurance companies -- or from other people's lawyers. Ask the attorney who represents you in your workers compensation case, or the attorney who is representing you in your third party claim.

No, this is not true. As long as you are withing the statute of limitations, you can recover from the negligent third party. However, you may have to reimburse workers compensation all benefits they have paid prior to you getting anything. It is a complicated issue and you should consult with a personal injury attorney to determine all of your rights.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

We do a lot of personal injury cases and many involve workers compensation benefits so we are familiar with the difficulties of dealing with workers compensation carriers. What they told you is WRONG. What they should have told you is that they get a lien on your recovery and have first rights to any money you would get in a claim or lawsuit against the negligent party who injured you.

Firstly generally you have to file a lawsuit for personal injuries within two years to be able to present your claim against the responsible party. Next when you sue them you have to tell your workers comp carrier and they can either file a lien or a complaint in intervention. Generally you get a better result if they only file a lien because then they are responsible for a pro rata share of your fees and costs. The WC carrier gets to be reimbursed for all your medical expenses and any benefits they paid on your behalf including temporary and permanent disability. They also can claim their costs of dealing with your claim the but this is something you negotiate with them on.

Generally speaking if you have a small personal injury claim where there is workers comp involved you can expect a three way split between your lawyer the WC carrier and yourself. Sometimes you can pay them less of you offer a compromise and release which cuts off your future medical care if it is related to the incident.

For all these reasons and more it is somewhat complicated and I strongly suggest that you contact a personal injury attorney to discuss your case. We would be happy to give you a free consultation and if we took your case we would only charge you a fee if we got you a recovery. So if you want give us a call at (866) 981-1850 or visit our website at www.bellilawfirm.com.

Good luck and hope to hear from you.

No. They are entitled to recover the amount of benefits they paid out through a workers comp. Lien. The workers comp carrier could subrogate into your PI case and piggy back onto it to get their money back.

Your best bet is to call me for a free consultation at 800-816-1529 x. 1. My firm handles car accident and workers comp 3rd party PI cases all over the State of California.