Legal Question in Personal Injury in California

?Claim workers comp and/or only personal injury

Recently I was rear ended while stopped at a red light. When I

was hit I was going on a company run. My job has offered to cover

medical expenses and I have been offered workers compensation

because the injury I sustained during the accident has caused me

to be unable to work for a about a month. I have seeked legal

advice and have been informed not to take workers compensation.

I have also been advised not to let my jobs insurance cover the

bills.....I was told that the bills will be taken care of in the settlement

and that I shouldn't take workers comp. What should I do?


Asked on 11/16/04, 12:49 am

2 Answers from Attorneys

Daniel King Law Offices of Daniel King

Re: ?Claim workers comp and/or only personal injury

well,

it sounds as if you have an attorney already, and i suppose you really need to ask him or her.

generally, however, if you were on the job but the negligent party is not related to your employer, there are components of BOTH wokers comp and a separate p.i. claim against the third party, that you will be required to pursue.

the third party recovery will have to reimburse the workers comp. carrier ultimately, but for now, you have to at least deal with the comp. issues in some manner or another.

i would need more information from you to answer more fully.

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Answered on 11/18/04, 4:32 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: Claim workers comp and/or only personal injury

Generally speaking, if you are injured on the job as a result of the negligence of a 3rd party, you may be pursue a Personal Injury Claim and/or a Worker's Compensation Claim. There are various factors that may influence your decisions.

If you would like to discuss your matter, I would need more information about the nature, extent and scope of your injuries. I would also need information about the parties and the insurance involved.

You may contact me directly to discuss.

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Answered on 11/18/04, 5:05 pm


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