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  1. #1
    Join Date
    Jul 2005

    Default Worker's compensation and personal injury claims

    I am a truck driver and got injured on the job when making a delivery to a large retail store. My foot was ran over by the store employee using a power pallet jack. This occured a year ago and still have many medical issues yet to be resolved. I had a fractured bone, then trauma caused a nerve condition called CRPS. I am recieving benefits, and working light duty other than my regular job was. After a year and not finding a competent doctor, i still might require surgery and may not be able to return to regular work duties. Can there be a personal injury lawsuit against the store where injury took place? Or does this have to go through work comp hearings, or two seperate cases? Also if there is a settlement and the insurance company gets reinburst, can i deduct attorney fees before insurance co. gets reinburst?

  2. #2
    Join Date
    Mar 2005

    Default Workers' Compensation and Personal Injury

    It may well be possible to bring a claim for both workers' compensation and personal injury. The Workers' Compensation carrier may well have a claim for reimbursement for certain expenditures from any amount recovered in the personal injury case, although a plaintiff's lawyer can usually negotiate a reasonable settlement of any workers' compensation liens.

    It sounds like in your case the person who caused your injury worked for an entirely separate employer, and thus the "exclusive remedy" provision of the workers' compenstion law would not prevent you from filing a negligence suit. This type of situation is best evaluated by a personal injury lawyer who either also handles workers' comp, who is familiar with the workers' comp laws, or who is with a firm that also handles workers' comp.

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