Legal Question in Personal Injury in California

Re: when I have both work comp and personial injury cases will I have to pay any

YES.

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Re: when I have both work comp and personial injury cases will I have to pay any

I handled a case similar to this about two years ago. Using the previous example of 100,000 recovery and 20,000 in costs incurred by the workers' comp insurance. That leaves you with 80,000, assuming that the 100,000 is the net recovery after attorneyfees and costs are deducted. Workers' comp insurance also has a lien on the 80,000 net recovery that you receive. Thus the workers' comp insurance will not have to pay any medical or disability costs until you have paid out the 80,000. It may be possible to negotiate a reduction in the reocvery by the workers' comp carrier, but that can be difficult as the workers' comp lien is established by law.

Re: when I have both work comp and personial injury cases will I have to pay any

Typically, any comp payments are repaid by lien from personal injury recovery, unless other agreement can be negotiated.

Re: when I have both work comp and personial injury cases will I have to pay any

Dear Mr. Nelson:

In response to your question, I offer the following:

You have both a worker's compensation claim and a third party claim. The comp. claim has already been open under your employer's coverage. All dmaages, costs and/or beefits paid by worker's compensation are reimbursable through a statutory lien on your third party claim. For example, if your third party claim is worth $100,000 and comp. pays $20,000.00 total for your medical bills, temporary disability benefits and permanent disability benefits, then comp. will assert a $20,000.00 lien against your third party recovery for your claim against the landlord. It is common practice for an attorney's office to negotiate with comp. to reduce its lien.

If you have any additional questions, please feel free to contact me at 1-800-336-7878. There is no obligation, cost or pressure involved. We are a highly respected personal injury law firm that has represented thousands of individuals over the past 17 years.

Take care.

Re: when I have both work comp and personial injury cases will I have to pay any

The answer is most likely YES, but if you are asking the question, it means that you don't have a lawyer to handle your claim.

You need to get a good local lawyer ASAP to handle your claim against the landlord and maximize your recovery.

Re: when I have both work comp and personial injury cases will I have to pay any

The answer is it depends. If your employer was negligent then his negligence can reduce the workers compensation carrier's recovery and with enough employer negligence then the carrier loses any right to a recovery.

For further details call 415-544-0400.

Re: when I have both work comp and personial injury cases will I have to pay any

If you don't have a lawyer representing you on the personal injury case get one. He or she can answer the question you pose. The short answer is yes, the worker's comp carrier will have a lien against any recovery. But, at settlement time this should be negotiated by your lawyer.