Legal Question in Workers Comp in Virginia

Third party and wc

Can I claim wc while settling a 3rd party claim for the same injury? Can one settlement be signed with the other pending or do you recommend signing both simultaneously?

How long is wc responsible for my medical bills if I leave the company? Can I sue 3rd party and still claim wc benefits?


Asked on 10/22/04, 10:35 am

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Third party and wc

Dear Sir:

You can claim workers compensation while also filing a 3rd party claim for the same injury; however, you cannot settle the 3rd party claim without the consent and approval of the WC carrier. Any payments by the WC carrier become a lien on the 3rd party action. And if you settle without the participation of the WC carrier, you probably will forfeit any further WC benefits but you will still owe the lien.

Gerald G. Lutkenhaus

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Answered on 10/25/04, 7:08 pm


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