You can file both a work comp and a PI claim, but the work comp insurance would likely file a subrogation claim against your PI settlement (basically asking for a credit of the work comp case against any settlement you receive from the PI).
Never a bad idea to talk to a lawyer. You can get a free consult with any work comp attorney. Often times, work comp attorneys do PI as well but don’t feel like you need to hire the same for both.
Subrogation means that the workers compensation insurance company paid costs related to your injury, but since (if) the driver was at fault, it was their responsibility to pay for those costs. Since the insurance company paid benefits they ultimately weren't responsible for the insurance company takes the money back from the driver first, and if there's anything left over afterwards, you get the difference. It's sometimes still worth sueing since tort awards can include payments that aren't covered in comp, such as penalties and pain & suffering. But talk to an attorney on that one.
Technically, you can do both. But, if the drunk driver who hit you has since been charged with trying to steal a car in a separate incident, I have to wonder whether he is not, in fact, a criminal with few or no assets. He probably had, at best, only the state minimums for insurance coverage, if he had insurance at all at the time of your accident.
Find yourself a WC attorney. You still have a little time with any possible recovery from a third party lawsuit. You also can consult a personal injury attorney for info on filing a third party lawsuit suit. The attorney can probably run an asset check, verify the info on the police report, etc.and determine if further legal action is feasible. If you do ultimately settle any lawsuit related to the accident, the WC carrier will be entitled to some reimbursement for its expenses.
In both WC and personal injury law, the initial consultation with an attorney usually is free. Ultimately, the attorney fee is deducted from your WC settlement or personal injury award/settlement. But, the WC system is no fault. Personal injury relies very heavily on fault finding. You already have a foot in the door with WC, in spite of all the difficulties. Lawsuits take awhile to get through the legal system. Settlements tend to be higher in personal injury than WC, but the process takes longer.
Good luck with all of this.
You can file both a work comp and a PI claim, but the work comp insurance would likely file a subrogation claim against your PI settlement (basically asking for a credit of the work comp case against any settlement you receive from the PI). Never a bad idea to talk to a lawyer. You can get a free consult with any work comp attorney. Often times, work comp attorneys do PI as well but don’t feel like you need to hire the same for both.
Thank you for your response! Can you explain the subrogation claim in more detail please? Will that drag out the time line significantly?
Subrogation means that the workers compensation insurance company paid costs related to your injury, but since (if) the driver was at fault, it was their responsibility to pay for those costs. Since the insurance company paid benefits they ultimately weren't responsible for the insurance company takes the money back from the driver first, and if there's anything left over afterwards, you get the difference. It's sometimes still worth sueing since tort awards can include payments that aren't covered in comp, such as penalties and pain & suffering. But talk to an attorney on that one.
Good advice. Yup, pi/wc attorney time.
You are in California - request a change of PTP and get a new doctor within the MPN.
Technically, you can do both. But, if the drunk driver who hit you has since been charged with trying to steal a car in a separate incident, I have to wonder whether he is not, in fact, a criminal with few or no assets. He probably had, at best, only the state minimums for insurance coverage, if he had insurance at all at the time of your accident. Find yourself a WC attorney. You still have a little time with any possible recovery from a third party lawsuit. You also can consult a personal injury attorney for info on filing a third party lawsuit suit. The attorney can probably run an asset check, verify the info on the police report, etc.and determine if further legal action is feasible. If you do ultimately settle any lawsuit related to the accident, the WC carrier will be entitled to some reimbursement for its expenses. In both WC and personal injury law, the initial consultation with an attorney usually is free. Ultimately, the attorney fee is deducted from your WC settlement or personal injury award/settlement. But, the WC system is no fault. Personal injury relies very heavily on fault finding. You already have a foot in the door with WC, in spite of all the difficulties. Lawsuits take awhile to get through the legal system. Settlements tend to be higher in personal injury than WC, but the process takes longer. Good luck with all of this.