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Workers’ Compensation Combined With Third Party Claims

If you have both a workers’ compensation case and a third party case, you should contact us. While many lawyers and firms handle third party cases, few routinely handle both. The intersection of a workers’ compensation case and a third party case can be tricky for many reasons. For one, the workers’ compensation insurance company has a lien (claim) against any proceeds you receive from payments made by a third party. If you settle with a third party, workers’ compensation gets a credit or holiday from paying anything. That settlement credit means that you have to spend your own settlement money, on all your own TIBS (at the amount workers’ compensation would have paid) and/or IIBS, SIBSLIBSDIBS and your medical care. Then, and only then, would workers’ compensation insurance have to come back in and start paying again. Figuring out the best way to proceed, and when and how to deal with the third party claim and workers’ compensation requires experience in both systems. Please contact the attorneys at Allison and Ward today if you are facing such a situation.

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