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  1. #1

    Default How Does Making a Worker's Compensation Claim Affect a Personal Injury Case

    My question involves an injury that occurred in the state of: Georgia

    Hi, I'm 32 year old citizen living in GA. I work for shipping company.

    About month ago when I was making delivery for my company on my job I got rear-ended on highway.

    I was driving company vehicle and I was only one in the car. Police came and made a police report. Other party admitted fault to police officer. Few days later I hired a lawyer and told him my situation.

    What was weird was that lawyer asked me not to contactworker's compensation . His reasoning was if I do report to worker's compensation then other party's insurance can make an argument of "well, you are already being taken cared by worker's comp for all of your medical needs and stuff so we won't pay you" He kept talking about how he believes not filing for worker's comp and just asking ohter party's insurance for medical, times missed on job etc .. would be better for me and I will likely get more out of settlement this way.

    I decided to trust his words and did not contact the worker's compensation yet. But after reading and doing some research on the topic a lot of people have told me it's ridiculous to not contact worker's compensation and My lawyer should've had two separate cases (personal injury and worker's compensation)

    I fear that my lawyer told me not to contact worker's compensation because either A) He only knows how to do personal injury claims and not familiar with worker's compensation or B) He makes more money by me not going to worker's compensation.

    What are your thoughts ?

  2. #2
    Join Date
    Sep 2011

    Default Re: How Does Making a Worker's Compensation Claim Affect a Personal Injury Case

    I agee with your analysis with one addition.
    workers comp complicates his case and he's over his head.
    workers comp has subrogation rights against any third party claim. comps costs will be deducted from any settlement you receive from a third party.

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