Visitor Question

Optional Bodily Injury Claim…

Submitted By: Anonymous (USA)

My wife was in an auto accident. The other car was driving the wrong way on a highway. We hired a lawyer. Workers compensation paid her hospital bills and weekly pay. Now workers comp wants a cut of the optional bodily insurance.

The lawyer we hired said that the insurance company will mail him a check and once it clears he will take his percentage and give us a check for the balance. Is this the normal way for us to get paid? Do we have to pay worker’s comp?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Yes to both questions.

The normal procedure in personal injury and workmans compensation cases is for the settlement check to be mailed to the attorney. The check is normally made payable to the attorney and to the client.

Each of you must endorse the check before it is negotiated.

Workmans compensation statutes require reimbursement of specific percentages of separate personal injury payouts. Because you didn’t tell us what state you are residing in it is difficult to tell you how the workmans compensation regulations in your state specifically apply to your personal injury case. Each state and each insurance carrier has different applications of insurance proceeds which apply in personal injury / workmans compensation cases.

From the facts you present it appears your attorney is correct on both counts. Your best decision will be to follow your attorney’s advice.

If you trusted her for this long, you should probably continue to do so through the final resolution of the case.

Best of luck,

Law Guy

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 8, 2011

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