Third Party Cases

Third Party Cases refers to personal injury cases against the person or company at fault when there is also a Workers’ Compensation claim. In this type of situation the worker should collect compensation benefits and pursue a personal injury case against the person or company at fault.

It is important to know that in third party cases that involve workers’ compensation company has a right to subrogate against the person or company at fault. In other words, the subrogating insurance company has the legal right to recover anything paid out on the workers’ compensation claim. For example, if you received a total of $50,000.00 in compensation and medical benefits, the insurance company has the right to recover that amount from the person or company at fault. If your third party recovery was $300,000.00 and the subrogation was $50,000.00, you would only have $250,000.00 as a gross recovery after paying the subrogation. There is the possibility that the subrogation can be reduced depending on whether the insurance company participates in the third party litigation.

Another important feature of subrogation is that the recovery above the subrogation is a credit to the insurance company against future benefits. In other words, in the above example, the recovery above the subrogation amount was $250,000.00. You would not be entitled to any future workers’ compensation benefits until your future workers’ compensation claim exceeds $250,000.00. In many cases, the settlement of a third party case ends the underlying workers’ compensation case. For this reason you should make sure that any third party settlement is adequate to cover future lost wages and medical expenses. Before settling a third party case you should consult with a workers’ compensation lawyer. The Ogletree Abbott Law Firm is available to consult with you in this very important matter.

If you believe that you may have a third party case, we understand that your medical bills are growing and that you need immediate financial help. You will need an aggressive attorney that knows how to vigorously pursue your rights in order to maximize your recovery. At the Ogletree Abbott Law Firm, we have the knowledge, experience and resources to help you. Call us today at 1-(800)- 779-4950. Or, if you prefer, email us at Info@Ogletreeabbott.com or complete the online evaluation and we will contact you right away. Call today and let us answer your questions about third party cases.