Visitor Question

Workers Comp Claim Interfering with Auto Accident Settlement…

Submitted By: Clarence (Boynton Beach, Fl, USA)

My job is to drive from site to site for my employer and assist the staff when short of people. One day while leaving a site headed to another I was rear ended in my vehicle. My back was injured and now, 6 months after the accident (and numerous epidural and cortisone shots), I was placed on workers comp by my employer because I was no longer able to perform my job.

The personal injury lawyer I have for the auto accident is telling me that they can not settle my claim against the person who hit me until the workers comp case is settled. I fell like this information is incorrect. Is it?

Also, I am being told that out of my lawsuit the workers comp lien will be paid back to my employer? If you can please help me get clear on this situation I would greatly appreciate it. Thank you.

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 Clarence,

Let’s take one issue at a time. It is totally inappropriate for me to interfere with the attorney-client privilege. With that said I will do my best to comment on a few of the issues you raised.

Your attorney has wide discretion in choosing the appropriate time and circumstances upon which she decides to pursue a settlement against the driver of the at-fault vehicle.

Florida workers compensation law allows the workers compensation carrier to reimburse an injured employee’s employer for certain amounts of money paid by the employer in support of a victims’ treatment and related expense.

Inasmuch as you have obvious issues with the workers compensation carrier and your employer, you should sit with your attorney and review all of the issues in your case. Only your attorney can answer the specific questions you have about your case. Any person not having a detailed knowledge of the facts and the law supporting your case would only be doing a disservice to you.

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: January 26, 2012

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