Legal Question in Personal Injury in Georgia

Stackable Underinsured VS Workers Comp

My huband was injured (both knees crushed) in accident while working as a policeman and a passenger in police vehicle. At fault driver has 15K Husband has two seperate stackable underinsured policies that seems will be open and shut to get $. Workers comp is paying for his medical and small income while not working. If he gets his own insurance as underinsured because police dept has nothing can workers comp take his personal injury from him? We are looking at attorneys for both PI and Workers comp but are getting conflicting stories.


Asked on 1/05/00, 11:31 am

1 Answer from Attorneys
Alex Simanovsky Alex Simanovsky & Associates, LLC

Re: Stackable Underinsured VS Workers Comp

Madam:

Worker's Compensation carriers in the State of Georgia do have a right of subrogation (reimbursement) against recoveries from an at-fault party. However, this right is not absolute. If your husband does not recieve a "full and complete recovery" (I place that in quotes because it is a term of art with a multiplicity of interpretations), the W/C Carrier may be entitled to NO reimbursement. It is critical that the underlying settlements with the at-fault driver's insurance and your husband's Underinsured Motorist insurance carrier be properly structured so as to avoid any reimbursement to the W/C insurance carrier. You should consider an attorney with expertise in both Personal Injury and W/C, so that you can use that knowledge of both fields of law to your advantage.

If you wish to discuss this matter further, please feel free to call me at 404-824-0010 or visit my website (The Georgia Personal Injury Law Center - www.georgialaw.8m.com)

Sincerely,

Alex Simanovsky

Attorney at Law

Read more
Answered on 1/05/00, 11:05 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Georgia