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  1. #1
    Join Date
    Nov 2017
    Posts
    4

    Default 3rd Party Lawsuit Even Worth It in Work Comp Case? *Texas*

    I was involved in a semi to semi accident at work, I sustained 3 bulging disc, radiculopothy, nerve damaged confirmed by an EMG and a broken foot. The back injuries require surgery and I already had surgery on my foot. I have heard that if I do a third party suit, then between my lawyer fees and workers comp being reimbursed, I will be left with very little if anything when it is all said and done. Is this true? Why even bother?

    Located in Texas!
    Last edited by Kappa6m3; 11-16-2017 at 08:20 PM.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,201

    Default Re: 3rd Party Lawsuit Even Worth It in Work Comp Case? *Texas*

    I have heard that if I do a third party suit, then between my lawyer fees and workers comp being reimbursed, I will be left with very little if anything when it is all said and done. Is this true? Why even bother?
    It's mostly true, I've been saying this for years - you're fighting to get the comp carrier reimbursed on your dime.
    The only gain would be punitive damages (pain and suffering) you'd have to prove gross negligence or malice to prevail - if you do prevail the amount paid is limited in Texas and normally doesn't amount to much.
    Have a lawyer evaluate your case an see if it's worth it - you've got nothing to loose and everything to gain.

    Tony
    Last edited by tony; 11-17-2017 at 08:35 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2010
    Posts
    629

    Default Re: 3rd Party Lawsuit Even Worth It in Work Comp Case? *Texas*

    In the most extreme circumstances it is well worth it!....For me it took 8 years to settle out of court....The firm I hired reduced the WC payment substantially......They walked away with 7 figures....I would say mine was very out of the ordinary!....Just because it worked for me, I would not expect it to be the norm!

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