A workers' compensation insurance company will often have a right of "subrogation" against other claims for recovery arising from your work injury. If your work-related injury is the subject of another claim, such as a lawsuit for negligence in a work-related slip and fall or motor vehicle accident, the workers' compensation insurance carrier may have a legal right of recovery against the responsible party, if they paid wage loss or medical expense benefits for which another party is properly liable.
If your workers' compensation case also possibly involves a negligence or personal injury claim against a party responsible for creating a harm (or causing a hazard that leads to your harm), your attorney will need to coordinate the claims to be sure you get the maximum benefit. This will often include developing a clear strategy as to how the workers' compensation insurance carrier's subrogation rights will be handled. A good attorney will make a reasoned calculation as to whether and when to try to negotiate a subrogation lien maintained by the workers' compensation carrier, and will communicate with you, the client, regarding their reasoning.
If you have a work injury you feel creates a right to sue for personal injuries, such as by means of a civil claim for negligence, which would include a claim for pain and sufferring in addition to the wage loss and medical needs covered by workers' compensation, please call our office to discuss your rights. Your call is free and the advice we give will be kept confidential.
Please call us at our Havertown or NE Philadelphia office today to discuss your rights.