Benson, AZ asked in Car Accidents, Personal Injury and Workers' Compensation for Arizona

Q: My husband was hit by a drunk driver in his work van Workers comp paid 66% & we paid them back with ins settlement

Isn’t he still entitled to restitution for his lost wages, pain & suffering, loss of personal work equipment & mileage? Our accident lawyer says not to apply for restitution. I think it’s because he won’t get a cut…?

He is back to work full-time. Has a low impairment rating & workers comp gave a future credit of $17,000 (approx).

We’re still out the 6 months of pay…

Our lawyer gets irritated when I have too many questions.

1 Lawyer Answer
Joel Friedman
Joel Friedman
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: This is not a one size fits all situation and the answer to your questions depends on several factors: what were your husband's injuries, how serious were the injuries, does he have any permanent damage (medical impairment or disability) from the accident, has he been able to go back to the same job or type of work. Workers' compensation (WC) insurance would still be responsible for some or all of that IF the personal injury settlement did not pay enough. The WC company would only have to continue paying for medical care and wage loss disability benefits if it already recovered all of its previous payments and there is not what is called a "future credit" that your husband would have to spend down before the WC insurance would start paying again. Keep in mind a WC claim never covers "pain and suffering" or damage or loss of personal property, that should be separated from the accident-personal injury recovery with any other benefits payable through that claim and not paid by WC. Your accident lawyer should be able to give you a detailed breakdown, explaining what part of the recovery was for property damage and what part was for injuries and lost income. If your husband also has a WC attorney he should be able to get a good explanation from the two lawyers together. If he does not have a WC attorney you are probably going to have to pay for a consultation for a qualified, experienced, WC lawyer to review both cases and the settlement, and give you advice

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