QUESTION

Do I have to repay workmans comp when I'm collecting from my own vehicle insurance?

Asked on Mar 04th, 2013 on Personal Injury - California
More details to this question:
I was a victim of a hit and run while at work. At what rate?
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11 ANSWERS

Ronald A. Steinberg
You cannot "double dip." You can collect the difference between the workers compensation rate and the auto insurance rate. Anything else gets paid back.
Answered on Aug 23rd, 2013 at 12:42 PM

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Car Accidents Attorney serving Newport Beach, CA at Russell & Lazarus
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If workman's compensation pays for damages for which you also seek to recover from a third party (i.e. someone else's insurance), then the workers compensation insurance company has a right to be reimbursed whatever amount the work comp carrier paid to you or on your behalf. For example, if work comp paid $10,000 for medical expenses, temporary disability and permanent disability to you or on your behalf and you recover $15,000 from the responsible party's insurance company, then work comp has a right to be reimbursed $10,000 and you have a right to retain $5,000 out of the third party recovery. However, if work comp paid $15,000 for medical expenses, temporary disability and permanent disability to you or on your behalf and you recover only $10,000 from the responsible party's insurance company, then work comp has a right to be reimbursed $10,000 and you have get nothing out of the third party recovery. On the other hand, if workman's compensation pays for damages for which you also seek to recover from your own uninsured motorist policy (i.e. UM for hit and run), then the uninsured motorist policy gets a credit for any payments made by the work comp carrier before the uninsured motorist policy has to pay. Thus, if work comp paid $10,000 for medical expenses, temporary disability and permanent disability to you or on your behalf and you are awarded $15,000 from your own uninsured motorist insurance company, then your own uninsured motorist insurance company has a credit for $10,000 paid by work comp and you have a right to retain $5,000 out of the uninsured motorist recovery. But, if work comp paid $15,000 for medical expenses, temporary disability and permanent disability to you or on your behalf and you are awarded only $10,000 from your own uninsured motorist insurance company, then your own uninsured motorist insurance company has a credit for more than the recovery ($15,000 paid by work comp) and you do not get any additional uninsured motorist money. This is not an exhaustive explanation, and there are some variable. These do get complicated, and there are some situations in which it is possible to negotiate with the work comp carrier, but the work comp carrier does have explicitly spelled out recovery rights. You should contact an attorney to assist you with this matter.
Answered on Aug 01st, 2013 at 12:02 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If Comp pays and you recover also from a third party the comp carrier has a right to be reimbursed. You are not supposed to be paid twice for a loss.
Answered on Aug 01st, 2013 at 12:02 AM

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Medical Malpractice Attorney serving Valparaiso, IN
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In Indiana, you do not have to reimburse your workers compensation carrier from payments from your own auto uninsured or underinsured motorist coverage.
Answered on Aug 01st, 2013 at 12:02 AM

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NA richard@jandjlaw.com
If you are referring to a claim you have under your personal auto policy for uninsured or underinsured motorist? Not an employer owned insurance coverage? The RCW 51.24 lien for benefits L&I had paid out for your injury does not apply. See RCW 51,24.030.
Answered on Aug 01st, 2013 at 12:02 AM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of Ronald A. Ramos, P.C.
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If you are collecting money for injuries sustained while operating your own vehicle and you pay the insurance premiums, worker's compensation carrier is not entitled to reimbursement for benefits they paid to you.
Answered on Aug 01st, 2013 at 12:02 AM

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No, the workman's compensation line or right of recovery is from a third party. If you are collecting from your own insurance company because their is no third party who could be sued "because they disappeared", you do not have to pay the workman's compensation carrier for any benefits you got from your own insurance coverage.
Answered on Aug 01st, 2013 at 12:02 AM

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James Eugene Hasser
Not in Alabama if it's your own private insurance.
Answered on Aug 01st, 2013 at 12:02 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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Did WC ask to be repaid or intervene in your suit.
Answered on Aug 01st, 2013 at 12:02 AM

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Your car insurance generally don't cover disability benefits. Since your accident is work-related all medical expenses, loss wages and permanent disabilities and future medical treatment should be covered by worker's comp carrier.
Answered on Aug 01st, 2013 at 12:02 AM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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If your Workers Comp case is unrelated to the car accident, then you do not have to repay the Workers Comp insurance company. However, if the accident is related to your work, then Workers Comp is entitled to be reimbursed. As an aside, I would point out that, under normal situations, your automobile policy will not cover you if you are covered by Workers Compensation.
Answered on Aug 01st, 2013 at 12:02 AM

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