Minnesota Worker's Compensation - Help For Injured Minnesota Workers

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  1. #11
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    11

    Default Re: Compensation

    Has anyone heard of having to pay back your employer after a private settlement?

  2. #12
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Compensation

    sounds like you are referring to subrogation rights.

    comp law prevents you from collecting twice for the same injury.
    the employer/carrier has the right to recover it's comp costs if a third party is responsible for the injury.
    there could be a limit on the recovery if the employer can also be held partly responsible.
    you can discuss case law on the matter with an atty.
    Last edited by .SH; 12-10-2011 at 01:53 PM.

  3. #13
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Compensation

    Quote Quoting dbrow6272 View Post
    Has anyone heard of having to pay back your employer after a private settlement?
    Absolutely. You cannot "profit", theoretically, from a WC injury. If benefits were paid by WC and there is recovery for damages from a third party, the WC will have subrogation rights to recover costs associated with the same injury.

    No "double-dipping" in WC.

  4. #14
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    11

    Default Re: Compensation

    My attorney called me today and said he has received a letter stating the judge was taking me off of his calendar. Does this mean I am done as far as getting any type of settlement?

  5. #15
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,838

    Default Re: Compensation

    It can be difficult for state employees to settle their work comp claims due to the way state governments fund workers' comp claims. And your situation is complicated further by the fact that a Medicare Set Aside would be required. The questions you are asking can best be answered by your lawyer.
    Last edited by complwyr; 03-23-2012 at 09:09 PM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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