Appeals Court Win For BW Client
If you are injured on the job you may have two separate legal claims - a workers' compensation claim and a personal injury claim. You have a workers' compensation claim against your employer regardless of whether someone was at fault in causing your injury. All you have to show is that you were injured in an accident while on the job. You may also have a personal injury claim if your injury was caused by the fault of someone other than your employer.
One complication of a personal injury claim in this situation is that the employer/insurer that paid workers' compensation benefits has a right to be reimbursed from the money recovered in the personal injury action. This is called a right of subrogation, and can sometimes leave little money for the injured worker.
We recently had a case were we were able to avoid this bad result. Our client's case settled for $600,000, which we felt was a very good settlement. The employer that paid workers compensation benefits claimed a right to nearly $280,000 of the settlement. This would have left very little money for our client, so we filed suit against the employer and asked the Court to reduce this amount. The Court agreed with our position and the reimbursement was reduced to about $45,000. The employer appealed the decision.
We are happy to report that the appellate court upheld the decision in favor of our client. This great result put an additional $235,000 in our client’s pocket. This was a hard-fought win for a very deserving client.