The workers’ compensation program was established to ensure that workers who are injured at work receive money to pay for their medical treatment. They must also receive a portion of their salary to live on while they recover. Once the business has certified that the injury was caused by work, the insurance company should approve the claim. In return for receiving expedited payments, the workers’ compensation law doesn’t permit the employee to file a personal injury lawsuit against the employer. However, there are times when an employee can file personal injury lawsuit against another party regarding a work-related injury.
The injured employee should consult with an Injury Attorney in Rochester NY, before beginning this process. Employees who are driving to a location on behalf of their employer may find themselves in this situation. The employee may be stopped at a red light, when a negligent driver hits them from behind. The employee sustained injuries and will be out of work. While they are entitled to workers’ compensation, they may be able to recover a larger financial settlement from the driver’s insurance company. If they and their attorney decide to file a lawsuit with the negligent driver’s insurance company, they must get the approval of their employer’s workers’ compensation insurance carrier, prior to filing the lawsuit
If the worker fails to get the permission of the workers’ compensation insurance carrier, they may lose their benefits. If the insurance carrier approves the personal injury lawsuit, they will file a lien against any settlement that the worker gets from the personal injury lawsuit. This lien will be used to reimburse the workers’ compensation insurance carrier for any payments they may have already made. If the worker gets more from the personal injury lawsuit than the total amount of the workers’ compensation payment, he will have to repay the entire amount. This is to prevent the worker from double dipping. An Injury Attorney in Rochester NY will be able to review both programs and determine which strategy is best for the employee.
Vincent J. Criscuolo & Associates is one of the Rochester law firms that handle both personal injury and workers’ compensation claims. They will be happy to review a case to help a person understand their options.
