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  1. #1
    chelleshocked is offline Junior Member
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    Workman's Comp lien on auto injury settlement

    What is the name of your state? TX

    Just needing a little advice. I have no idea what to do, maybe I can't do anything.

    I was in an auto accident while working in April 2006. I was not at fault. I was stopped at a red light, and the responsible driver rearended me at about 30 mph. I did not strike anythig in my car, but was flung forward and suffered whiplash of the neck and shoulder pain. This pain has not gone away. I filed under workman's comp for my medical expenses, and was covered for my doctor's visits. I stil have pain and numbness in my right shoulder and have reached maximum medical improvement. I was given an impairment rating of 5% for my shoulder with overall impairment rating of 3% for entire body. Workman's comp issued an impairment check to me in August for $3200 based on this rating. Medical payments made by workman's comp to the medical clinic were around $500 and I have prescriptions of about $200 that were also paid by workman's comp.

    I also visited a chiropractor several times, which was not paid by workman's comp because I did not file through them at the chiropractor. These bills totalled $550 and came out of my pocket.

    It is now late September, and the third party insurance company contacted me regarding settlement. She has said that the Workman's comp has a lien of $3900 on the settlement. She does not understand why they would be responsible for the $3200 payment that was made to me, and feels that anything settled with be paid directly to workman's comp because what she does not feel this accident was worth $4000. So basicly she is saying I would get nothing (I really just want the payment for the chiropractor that I did not file on workman's comp.) I don't know anything about pain and suffering if it is allowed and it the payment from workman's comp is just what I would get for that. I don't feel that workman's comp should be paying pain and suffering, I feel the third party should.

    I did not agree to anything yet. She said that she is going to speak with the person at workman's comp to see if they would budge on the number at all.

    Any advice on how to procede? I am afraid of getting burned on this, because when I was 19 (I am now 31) I was a passenger in an accident in which the vehicle flipped, and I hurt my back. I was yound and stupid, accepted a medical settlement of $1500, and to this day I still have a lot of pain in my back.

    Thanks in advance for any/all advice and let me know if you need for information!
  2. #2
    weenor is offline Senior Member
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    Quote Originally Posted by chelleshocked View Post
    What is the name of your state? TX

    Just needing a little advice. I have no idea what to do, maybe I can't do anything.

    I was in an auto accident while working in April 2006. I was not at fault. I was stopped at a red light, and the responsible driver rearended me at about 30 mph. I did not strike anythig in my car, but was flung forward and suffered whiplash of the neck and shoulder pain. This pain has not gone away. I filed under workman's comp for my medical expenses, and was covered for my doctor's visits. I stil have pain and numbness in my right shoulder and have reached maximum medical improvement. I was given an impairment rating of 5% for my shoulder with overall impairment rating of 3% for entire body. Workman's comp issued an impairment check to me in August for $3200 based on this rating. Medical payments made by workman's comp to the medical clinic were around $500 and I have prescriptions of about $200 that were also paid by workman's comp.

    I also visited a chiropractor several times, which was not paid by workman's comp because I did not file through them at the chiropractor. These bills totalled $550 and came out of my pocket.

    It is now late September, and the third party insurance company contacted me regarding settlement. She has said that the Workman's comp has a lien of $3900 on the settlement.

    As a matter of law the workers' compensation carrier is entitled to everything they paid out on your behalf as a result of the other party's negligence.

    She does not understand why they would be responsible for the $3200 payment that was made to me, and feels that anything settled with be paid directly to workman's comp because what she does not feel this accident was worth $4000.

    The comp. lien must be paid back. Whether she feels the accident is only worth $4000 is her opinion.

    So basicly she is saying I would get nothing (I really just want the payment for the chiropractor that I did not file on workman's comp.) I don't know anything about pain and suffering if it is allowed and it the payment from workman's comp is just what I would get for that.

    Pain and suffering is not paid under the workers' compensation system. The 3200 you received is for the permanent partial disability rating you received from the doctor. Any pain and suffering you get BEYOND what w/c is owed, is yours to keep.

    I don't feel that workman's comp should be paying pain and suffering, I feel the third party should.

    See above

    I did not agree to anything yet. She said that she is going to speak with the person at workman's comp to see if they would budge on the number at all.

    w/c carriers can agree to receive less, but are not required to.

    Any advice on how to procede? I am afraid of getting burned on this, because when I was 19 (I am now 31) I was a passenger in an accident in which the vehicle flipped, and I hurt my back. I was yound and stupid, accepted a medical settlement of $1500, and to this day I still have a lot of pain in my back.

    Thanks in advance for any/all advice and let me know if you need for information!

    Get an attorney. The adjuster's opinion on the worth her insured's liability may not be accurate. A review of your medical records and the facts surrounding the accident, may reveal that the accident is worth more.
  3. #3
    chelleshocked is offline Junior Member
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    Thank you very much for the quick response.

    I am unsure how I will afford an attorney but will check into it.
  4. #4
    weenor is offline Senior Member
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    Quote Originally Posted by chelleshocked View Post
    Thank you very much for the quick response.

    I am unsure how I will afford an attorney but will check into it.
    The attorney will not require money up front and will work both matters on contingency. That means that he/she will get a percentage of what he/she recovers from the insurance companies.

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