Legal Question in Workers Comp in Pennsylvania
Paying back benefits received
I would like to know if there is ever a time that a person would be required to pay back benefits. My brother has a personal injury case pending from the same incident that he is currently receiving workmans comp benefits. Will he be required to payback the benefits?
2 Answers from Attorneys
Re: Paying back benefits received
yes it has to be paid back
Re: Paying back benefits received
The answer ro your question is yes. When an employer pays WC benefits to an employee, and the employee subsequently brings a personal injury acton against the responsible party, the WC insurance carrier is has the right of subrogation against any monies received. Generally, however, the WC carrier is willing to negotiate the amount to be paid back. Additionally, the carrier is required to pay its pro rata share of attorneys fees and costs spent on the personal injury case.
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