Personal Injury Claims and Workers' Comp: Walking Through the Minefield

I recently wrote two articles on the right of the workers' compensation insurance company to get reimbursement for benefits it paid from the proceeds of a negligence action arising out of a work injury.  Though this right is generally considered "absolute," there are some very significant limitations.  In the first article I discuss some of the basic principles of law and practice tips for anyone trying to negotiate with an insurance company to reduce the amount they claim they are entitled to receive.  In the second article, I discuss the documents that must be drafted to accomplish the satisfaction of an insurance company's legal right to these proceeds, including releases to be used if a workers' compensation carrier compromises its claim.  It is especially important in cases involving larger recoveries that these documents be drafted properly or an injured worker can be exposed to liability to an insurance company, even years after a personal injury case has been settled.
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