Legal Question in Workers Comp in Virginia

Repayment of workmans Comp payments

My husband received workmans Comp for an injury received as a truck driver. Settlement was made and all medical bills paid. He is back to work and fully recovered. However a lawsuit was filed and settled by the person who caused the accident. Now workmans Comp claims they are entitled to the settlement money from the lawsuit. Is this legaL?

Asked on 2/18/02, 12:07 pm

2 Answers from Attorneys

Jerry Lutkenhaus Virginia Workers Compensation & Disability Lawyer
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Re: Repayment of workmans Comp payments

If you have a motor vehicle accident (MVA) at work and if you receive workers comp for that injury and also sue the other driver for your personal injuries, you have to be aware that the workers comp insurance company is going to assert a lien against your recovery in the personal injury action. The idea is you are not allowed to recover twice for the same accident. Whoever represented you in these matters should have tried to negotiate this lien before any settlements were done. If your workers comp claim was settled first, you or your attorney should carefully review those documents to make sure that lien rights were preserved in that settlement. You need to review all of this with your attorney.

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Answered on 2/19/02, 9:01 am
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Repayment of workmans Comp payments

Yes, Workers' Compensation has a lien against any

settlement your husband received from his lawsuit.

Hopefully, he received an amount substantially higher than the amount of the lien.

Also, it may be possible to negotiate partial payment of your husband's legal fees by WC.

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Answered on 2/19/02, 1:03 am

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