Recently, I negotiated a settlement of a workers’ compensation claim that was attached to a third party settlement. In Pennsylvania, the workers’ compensation insurance company has an absolute right of subrogation, or right to be paid back, whenever an injured worker recovers an award/settlement from a third party case. For example, if you work as a truck driver and are in an accident caused by a third party, you could file a separate claim for money damages (pain and suffering, bodily injury, loss of enjoyment of life’s pleasures, etc) against that third party. From your recovery, the workers’ compensation insurance company has a right to be paid back.
It is critical that you have an experienced Workers’ Compensation attorney to explain the intricacies of the third party lien and most importantly, how the repayment to the insurance company will affect your future benefits. In certain instances, depending on the amount of the lien and the third party recovery, your wage loss benefits may be reduced for a period of time in the future. Likewise, the workers’ compensation insurance company may only have to pay for a certain percentage of your future medical treatment.
The Philadelphia work injury lawyers of Pearson Koutcher Law have decades of experience protecting the rights of injured workers and negotiating subrogation liens for the benefit of workers who have a work accident involving a third party claim. If you need a workers’ compensation attorney, contact the Philadelphia work injury law firm Pearson Koutcher Law.
Let us put our decades of experience to work for you, helping you navigate the complexities of the Workers’ Compensation laws.