Legal Question in Workers Comp in Pennsylvania

workers comp third party injury

I was on work time when i was struck by a car as a pedestrian, workers comp paid my wages and therapy and medical costs. I received a settlement from the third party who caused this i only received 50.thousand which 40 thousand of that was for pain and suffering. Workers comp wants 41,thousand of my money am i obligated to give all my settlement to them and leave me with nothing? I am confused why I will not get any monies for pain and suffering since I was the victim. Can you negotiate for a lower payment owed to workers comp?


Asked on 12/13/07, 10:55 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: workers comp third party injury

I don't think the workers' comp carrier is entitled to subrogation because this accident appears to have arisen out of the use of a motor vehicle. You want to make sure you have competent counsel handling this. You may also want to talk to some one about your own, your household members, and even your employer's automobile insurance policies. There may be underinsured motorist coverage, especially if the $50,000.00 was the policy limit of the driver that hit you.

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Answered on 12/15/07, 3:25 pm


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