In CA do I need to repay workers comp, if I receive a settlement from my own insurance co?
I was involved in an auto accident in my own vehicle while on working. The person who hit me did not have any car insurance and I doubt they have any assets. My auto insurance settled my total vehicle loss. When I settle my Uninsured Motorist Bodily Injury claim with my insurance, do I have to pay back workers comp what they have paid out in medical expenses? Or will the settlement be mine free and clear?
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It all depends, to stay out of legal problems I’d contact the state and ask them.
Just make sure your uninsured motorist insurance company (your insurance company) knows of your joint workers comp claim so that any settlement will address any liens.
+17 yrs handling bodily injury claims
The ER/IC is entitled to subrogation…reimbursement of benefits
they have provided where the 3rd party is liable. All of the
settlement money is subject to reimbursement, and lien for future
medical treatment, EXCEPT that of pain and suffering, past/future
lost wages you may recover and puntitive damages if awarded. The
ER/IC should also cooperate with atty fees you may have in pursuing
these claims.