Legal Question in Personal Injury in Indiana
I was involved in an auto accident while driving for work, therefore workman's comp is involved. I have Michigan insurance, the accident happened in Indiana and the young man that caused the accident has only &25000;and that is total for all medical, lost wages, pain and suffering. Workman's comp says they will go after all the money as my medical bills are mounting with surgery, ER visit, and lost wages. (broken bones, burns, etc). I did not have underinsured, but why does a job require auto insurance, yet they will take all the money I could have for any pain and suffering and be left with nothing? Isn't the "state" I work for (Indiana) responsible as I was hurt on the job? They will end up being reimbursed by the young man's insurance and I will have nothing.
2 Answers from Attorneys
You will not be left with nothing as you have a workers compensation claim that should pay all of your medical bills, compensate you for lost time and permanent disability. Your employer is not taking all of the money. Rather, thje insurer has a right to be reimbursed for its expenses caused by a third party. You should contact an attorney to handle your comp claim who can also negotiate a compromise concerning subrogation.
You should contact an attorney ASAP. Realize that you'll not be left with nothing. Worker's Comp will want to reimbursed for their payments. You have a claim that is independent of Worker's Comp, i.e.a claim against the person who injured you and caused you pain and sufferering and other losses. Work Comp's claim is essentially a claim that looks to getting paid back for what they paid out. Definitely see a lawyer. Don't wait. Your attorney fees will be on a contingency basis.
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