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    Third Party Practice

          Frequently, in workers compensation cases, there are third party companion cases. A third party case would arise when the injured worker is injured due to the negligence of another. Third party liability can arise from most of the types of injuries described on this website presuming that the injury arises out of and in the course of employment. Many issues arise when both a third party claim and workers compensation claim are being pursued. Initially, the workers compensation carrier would have a statutory lien on any proceeds received from any third party recovery. The lien that the workers compensation carrier could assert would be limited to benefits paid to the injured worker and not any expenses that the carrier spent in defending the case. In some cases we are able to reduce the lien which depends upon the facts of each case. One of our experienced workers compensation lawyers can explain the particulars of a lien on your third party case.

          Once the injured worker obtains a recovery from the third party case and satisfies the lien, any money which the injured worker receives as recovery in the third party case is subject to a credit for future workers compensation payments. That is, the workers compensation insurance company would have a holiday on future payments until such time that the recovery from the third party case is exceeded by the amount that the injured worker would have received had there been no third party case. One of our experienced workers compensation attorneys can explain the application of a credit as it applies to your case.

    Worker’s Compensation v. Benefits Election

          As long as client does not file the worker’s compensation employee claim form he may have the right to collect PIP benefits first. See Gable v. Colonial, 313 Md. 701. The injured party may get to elect PIP and thereafter obtain workers compensation when PIP is exhausted. However, it is likely the insurance company for PIP will object and cause claimant to file PIP lawsuit.

    The legal information on this site is not intended to be legal advice.  Contact one of our experienced workers compensation attorneys or lawyers today to get specific information and answers for your specific situation. 

     

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