Legal Question in Workers Comp in California
Worker's Compensation Lien
I am an RN (formerly hospice) and was injured on the job. 5 months later, I was stopped on the freeway and rearended at 50 mph. I was still treating for my work injury at the time of the auto accident. I have been receiving work comp benefits since the date of my auto accident. My atty stated that a lien could be put on my auto accident settlement for comp I received which would leave me with nothing for my pain and suffering in the auto accident. My Dr states I can never return to nursing. My career is ruined. Is this true about owing money to work comp upon PI settlement and why? These are two separate incidents.
1 Answer from Attorneys
Re: Worker's Compensation Lien
If your auto accident resulted in completely different injuries, then the work comp carrier cannot make a claim for reimbursement.
If the auto accident worsened the same injury, the workers comp carrier is entitled to reimbursement if it pays for treatment that can be attributed to the auto accident.
The theory here is that the law does not allow double recovery.
That is, in theory, any personal injury claim encompasses the amount of medical bills associated with your personal injury. You cannot have the workers comp carrier pay for the medical treatment and then obtain money from the third-party to pay for this same treatment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
