Q: What am I entitled to under worker's comp case with $100000 third party credit if I settle my case?

A: it sounds like you dont have a work comp attorney? if thats the case you were cheated by your civil attorney. this is common when you only get a civil attorney and ignore the work comp case. you likely paid 33% to your civil attorney in fees on the same money work comp would have paid you for only a 15% fee. so you likely paid more than twice in fees that you had to. this is the cheat by the civil attorney. in additon, if your civil attorney ran up medical expenses rather than using work comp, another cheat. your the one cheated. i would love to hear from any civil attorney out there why this is not a cheat to the consumer. your disability percentages you provided need to be rated out. it seems you are only providing the raw percentages from the doctor and those may not even be accurate. did the doctor discuss accuracy under Almaraz/ Guzman II case law, discuss Kite analysis, perhaps a Hikia analysis? so i cant answer your question without more info. also the work comp carrier gets credti for what you received in pocket from the 3rd party.

A: So the basic rule is you cannot collect twice for the same injury or accident. They call it the double recovery rule. So for example if your PI attorney settled your case for $100,000 and the WC attorney settled your work comp case for $90,000 for the same accident/injury, then you wouldn't get anything from your work comp case because the PI paid it all to you (minus the attorney fees). Under the same example, if your WC attorney settled the case for $150,000, you would still get the $50,000 difference minus your work comp attorney's 15% atty fee off of the $150k or $22,500. I hope this helps answer your question.

A: In a workers' compensation case, if you settle your case with a $100,000 third-party credit, you may be entitled to a lump-sum payment or structured settlement based on the terms of the settlement agreement. The settlement amount will typically take into account various factors, including your 25% disability rating for the arm/shoulder and 8% cervical disability rating. Additionally, the settlement should cover any past and future medical expenses related to the work-related injury. It's essential to consult with an experienced workers' compensation attorney to ensure you receive fair compensation for your injuries and losses.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith