Legal Question in Personal Injury in Florida
personal injury/worker's comp
I was injured on a job and now have a worker's comp. lien on my personal (3rd party) injury case. My worker's comp. case is already settled.
Do I have to sign the release on my personal injury case even though I have no idea how much the worker's comp. lien will take or be? My attorney told me that I have to sign the release and the check even though I have no idea what the final payment to me may be. There is a chance according to my attorney, that the worker's comp. carrier may take 2/3 and my attorney will take the other 1/3. This just doesn't seem right. Please advise.
1 Answer from Attorneys
Re: personal injury/worker's comp
If your lawyer is telling you that the work comp carrier will take 2/3rds of the settlement and he will take the rest -- leaving you with nothing, then he probably does not know how to handle a comp lien. There is a statutory provision and a series of well defined rules in determining what the amount of the lien is. They do not get the entire amount back. 5 - 25% is more typical. Find out if your lawyer knows what he is doing!!!!
generally, if you have settled the case -- and it sounds like you have -- then you must sign the release. The lien is either negotiated or there will be a hearing to determine the amount. The percent of the lien will also affect the carrier's futire payment obligations, so make sure that you understand the process.
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