Legal Question in Workers Comp in Arizona
auto accident while working
On Sept. 15, 2007 I had an auto accident while ''on the clock''. An uninsured driver hit me. I suffered a compound fracture of the wrist in the accident that required surgery. As a result I Missed 7 weeks of work. I returned to work on Nov. 1 with light duty restrictions and required to wear a splint. I am still receiving physical therapy two to three times weekly. I have a delayed union of the fracture and there's a good chance that I may require further surgery. My employer has told me if this is the case I will not be allowed to return to work until I am 100% this next time. My car was totaled and my auto insurance paid for replacement minus deductible. Workman�s comp has paid all medical expenses and supplemental income while I was off from work. I have uninsured motorist on my auto policy, but if I understand right if I receive a settlement from my uninsured motorists policy workman�s comp has to be reimbursed. Is there anyway to reclaim my lost wages, deductible, and other expenses? Two thirds salary does not cover my living expenses, and I have depleted my savings. Also a second surgery with approx. 4 to 6 months off work will create an extreme financial hardship. I could possibly lose my home.
1 Answer from Attorneys
Re: auto accident while working
Wow, am I ever glad you asked this question! Your understanding about the workers' compensation lien is WRONG! (I trust that makes you happy.) The carrier's lien applies to a claim that you make against the other driver. When you make a claim against your uninsured motorist policy, you are not collecting from a "third party", so the workers' comp payor gets NOTHING from your settlement.
When making your claim for UM coverage, you can include your actual, provable losses, up to your policy limits.
I hope this news changes your outlook. Please feel free to call my office for a free consultation.
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