Compensation For Injury That Makes You Unemployable

[dbrow6272]

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

[.SH]

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.

[LeglEgl]

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.

[dbrow6272]

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?

[complwyr]

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.