Optional Bodily Injury Claim...

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?

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ANSWER for "Optional Bodily Injury Claim...":

Anonymous (USA):

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