South Carolina Worker's Compensation - Help For Injured South Carolina Workers

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  1. #1
    Join Date
    Jul 2009
    Posts
    12

    Angry Paying Back Workmans Comp Insurance Co

    I just settled a third party claim. I was told by my attorney that I had to repay the workmans comp insurance company. Why should i have to pay the workmans comp insurance co for an accident that was not my fault and left me unable to work for 16 months. I can't get a straight answer from anyone, can you help me?

  2. #2
    Join Date
    Oct 1971
    Posts
    3,638

    Default Re: Paying Back Workmans Comp Insurance Co

    Your carrier has subrogation rights to recover any wage loss payments they've paid.
    You can't collect wage loss payments from two sources simultaneously, that's called "double dipping"

    Tony
    Last edited by tony; 04-12-2010 at 02:59 PM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Paying Back Workmans Comp Insurance Co

    And, any medical treatment paid for by the employer/carrier would be subject to reimbursement too.

    When you have a accident when working, you file a claim for WC benefits as defined by your state laws. Even though there may be another party responsible for the accident/injury, your EmployER is actually holding liability because you were in the course of performing your job duties. Had you not been working, your ER would not be responsible for wage replacement or medical treatment. In fact, no one would be paying your wage loss while you treat and recover.

    When the 3rd party case settles, the ER/WC carrier are still responsible for future medical care to your injuries... that liability doesn't stop but for statutory limitations, or you cash out the claim and medical benefits.

    Sometimes you'll see something to the effect of "world wide settlement", that would mean by your consideration of a lump sum cash payment, the 3rd party, and the comp claim would settle completely, you agree to never come back and claim benefits for this injury again.

    In WC there is no money for pain and suffering, lost wages, punitive damages... in WC there is only wage replacement, medical treatment and indemnity if there is residual disability/impairment, and that money is predetermined and paid per your rating.
    The ER/WC carrier is not entitled to any reimbursement but for the TTD/medical/indemnity. And, if you are paid for future medical treatment, they will be entitled to a credit, or prepayment of those funds.

  4. #4
    Join Date
    Jul 2009
    Posts
    12

    Default Re: Paying Back Workmans Comp Insurance Co

    I signed a clincher agreement with WC. now I'm having lower back pain, are they still responsible for my medical?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Paying Back Workmans Comp Insurance Co

    A 'clincher' is the same as a C&R/Compromise and Release. You are agreeing in exchange for the lump sum cash payment to drop your claim, and never seek benefits again.
    You are now responsible for any treatment to your injury out of your pocket.

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