Reimbursing Workmens comp

[rabiah]

What is the name of your state? VT
I was injured in a car accident on work time. Workmens comp covered all my medical bills (about $5,000) in total. Is there a way I can write my demand letter to the car insurance company that states I want to be reimbursed for Pain and Suffering so that I do not have to reimburse Workers Comp for medical damages? My understanding is if the release says "pain and suffering" then I am not liable to give workers comp any of my settlement?

thanks Rabiah

 

[weenor]

What is the name of your state? VT
I was injured in a car accident on work time. Workmens comp covered all my medical bills (about $5,000) in total. Is there a way I can write my demand letter to the car insurance company that states I want to be reimbursed for Pain and Suffering so that I do not have to reimburse Workers Comp for medical damages? My understanding is if the release says "pain and suffering" then I am not liable to give workers comp any of my settlement?

thanks Rabiah

So you are seeking to defraud the workers' compensation insurer out of the money it paid on your behalf to get you treatment? Nice.
No you cannot change the employers/insurers' right to reimbursement by the language in the release. The workers' comp. right is statutory and supercedes any other right to the money received as part of the third party settlement. You start playing games with the third party carrier and you could be in trouble.

Is this your UM insurer or insurance from the liable party? Often that will make a difference in whether the wc carrier is entitled to reimbursement. Sounds like you need a lawyer.

 

[rabiah]

Hi there, thanks for your response.
Workmens compensation is a benefit I pay for, I do not, therefore, need to do all the work to get a settlement only to have them take what is theirs.
I have discussed this with an attorney and I was told that if I were reimbursed for the damages I am entitled to and not medical expenses, that I could keep my full settlement amount.
If WC wants to pursue getting their due, then they can do the work and get it.
Your suggestion that I am attempting to defraud anyone is completely out of line.
If you are an attorney, God help those who seek your assistance. Are you this arrogant to all of your potential clients?