Orlando, FL asked in Workers' Compensation for South Carolina

Q: Does SC workers comp ask for settlement money back for an accident that i wasn't at fault for?

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1 Lawyer Answer

Ilene Stacey King

Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a settlement because you were not at fault. Workers' comp is no fault coverage and they are entitled to recover the amounts they paid to you from the at fault party. In fact, if you did not bring a civil suit against the at fault party, workers' comp could bring a suit in your place. However, they do not get back 100%. There are ways to reduce the amount they get back. Talk to your lawyer about that.

Tim Akpinar agrees with this answer

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