I recently dropped a workers compensation claim on the suggestion from my workers comp attorney. He claimed that I didn’t have a strong enough case because of a lack of medical testimony from doctors. He submitted a letter to the courts asking that the case be closed with no prejudice. It was accepted and the case was closed.
I also have a personal injury case open and awaiting settlement. My personal injury attorney contacted me and informed me that workers compensation is now demanding reimbursement for medical bills paid. I need to know if this is legal and if I can fight this? Thanks for any info you can give.
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.
If you were injured on the job and the workmans compensation insurance company authorized payments for the treatment you received from the doctors they supplied for you, there isn’t a law requiring you to reimburse them.
If, in the alternative you pursued a personal injury case arising out of the same injury, most workmans compensation laws do require partial reimbursement. Your attorney is right on that issue. Ask her to give you an idea of the approximate amount of money you may be responsible to pay back as reimbursement.
Because your attorney asked the court to dismiss your case “without prejudice”, you still retain the right to reopen the workmans compensation claim if you wish to.
Doing so though may be an exercise in futility.
Your attorney probably would have retained the case if she thought it had sufficient merit. So think about going through the time and effort for a claim which may not lead to a settlement you will be happy with.
Learn more here: Third-Party Lawsuits and Workers' Comp
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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