pay back workman's comp

[paulande]

My son was hurt on the job in Michigan and is receiving workman's comp under the Longshore&Harborworks act. This was a very, very serious hand crush injury.
We retained a lawyer for a third party suit, as there was negligence involved
My question is this: Will my son have to pay back workman's comp (partially or fully) if he gets a settlement from this third party?
I asked our lawyer and he said in MN (where my son presently resides) a person wouldn't have to pay back workman's comp if they got a settlement. My understanding is that LHWCA is federal and isn't under state regulations.

Is there any place I could just go look this up??

 

[KELL]

i had a w/c case, but in new york and yes i had to pay back 1/3 of the bills that they incurred.idoes your son have a permanant disability from this accident? i did and received a settlement from comp. for it. but the settlement $ had nothing to do with the amount that i had to pay back. if he is suing someone for negligence, (which i did) then i would say yes, he probably has to pay back w/c. but not the full amount. do you have seperate attorneys for the comp.and the personal lawsuit? i did and it worked out pretty well for me. let me tell you though w/c is very stressful. they kept telling me there was nothing wrong with me and it was in my head. 2 surgerys later???? i guess it wasnt in my head! keep in touch.and good luck

 

[paulande]

thanks to Kell

Thanks for the info! We only have a lawyer for the 3rd pary suit. We didn't know we needed a workman's comp lawyer. What would be his function?
My son's disability is permanent.

 

[KELL]

workers comp.lawyers specialize in this. and that is what you want someone who specializes in this kind of law. my own personal negligece attorney suggested it. he went to hearings for me when things were denied etc....he also kind of helped put my mind at ease, because like i said, w/c gave me alot of headaches. im not saying that all insurance comp. that are workers comp are the same, but my bosses insurance comp was very hard.you can email me personally if you need to.it will be alot easier to talk. good luck