If you were injured on the job due to someone’s fault who was not your employer, you may have legal rights to recover for your injuries from that at-fault person, even though you are also receiving workers’ compensation benefits from your employer. For instance, if you are in an automobile accident while on the job, you may have a legal claim against the negligent driver who hit you, in addition to your workers’ compensation benefits from your employer. There are very specific timelines that apply to protecting your rights in these cases. Failure to act now may result in your employer’s workers’ compensation insurer owning all your legal claims against the at-fault party.
In “third-party liability actions”, the workers’ compensation insurer paying your benefits has a reimbursement right (called a lien) against your liability settlement for the amount of the benefits that it has, or will pay for your claim in the future. However, it is quite common for the workers’ compensation insurer to improperly inflate or exaggerate its lien and claim far more of your settlement than it has any right to. We have battled with workers’ compensation insurers on precisely this issue many times with considerable success.
Our firm has the expertise to evaluate these claims, and work with your workers’ compensation carrier and the at-fault party’s insurance company to protect your rights to a fair settlement in addition to your workers’ compensation benefits. Call us so we can assist. (503-472-3770).