Q: If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury?
If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the injury? Would the workers compensation pay them directly out of my settlement? And would the settlement be more to account for the medical bills? Thank you.
A:
Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due to another party's liability. The repayment typically includes medical expenses paid from the time of the injury, not just from when you filed for workers' compensation.
The repayment to your private insurance would generally come from your settlement amount. Workers' compensation might pay your private insurance directly out of your settlement funds, depending on the agreements and legal requirements involved. It's essential to ensure all related medical bills are considered when negotiating your settlement.
Settlements can sometimes be adjusted to account for these repayments, aiming to cover all medical expenses incurred. This means your final settlement should reflect the total costs, including what needs to be repaid to your private insurance. Consulting with a knowledgeable attorney can help you understand the specifics of your case and ensure you receive a fair settlement.
Tim Akpinar agrees with this answer
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