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However, depending on how much the injured worker is found to be at fault for the accident, the amount of personal injury damages he is entitled to receive can be reduced or even completely eliminated.2. The categories of damages which can be recovered in workers’ compensation and personal injury cases are also different.
The worker is also entitled to receive permanent partial disability (PPD) benefits at his weekly work comp rate once he has reached maximum medical improvement.For scheduled injuries the maximum amount of PPD benefits is based on a value given to each body part. For instance, an arm injury in Iowa has a maximum value of 250 weeks of PPD benefits - car accident lawyer.
Workers’ compensation disputes are decided by a Deputy Workers’ Compensation Commissioner, and personal injury cases are generally decided by a jury. The Work Comp Deputy Commissioners are very professional, and the potential range of their decisions is generally more predictable. Iowa juries take their role very seriously, but the range of their potential verdict in any particular case is generally much wider.The specific facts of each joint work comp and PI case are always critical in determining the best strategy for maximizing the total net recovery.As a result of the differences in the systems, sometimes the personal injury part of a case is more valuable than the workers’ compensation side.
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Our lawyers carefully analyze the facts and law in each case to determine the best strategy for maximizing the total net recovery to our client.In the remainder of this section I am going to discuss a hypothetical set of facts to help explain and discuss the legal and strategic issues that come up in a joint work comp-personal injury case.
Real cases are usually more complicated. Here is the hypothetical situation:The name of the injured worker is Mr. Worker and his job is to deliver auto parts.Mr. Worker is employed by Delivery Services, Inc.The work comp insurance carrier for Delivery Services, Inc. is Work Comp Insurance Company.Mr. Worker was involved in a collision in the middle of an intersection that is controlled by traffic lights.The name of the other driver involved in the collision is Mr.
Adverse-Driver has liability insurance for his car with Auto Insurance Company.There is a legitimate dispute over whether Mr. Worker or Mr. Adverse-Driver had the green light and the right of way.Mr. Worker suffered a low back injury that required surgery. The medical care cost a total of $15,000 and was paid for by Work Comp Insurance Company.Mr.
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Work Comp Insurance Company paid Mr. Worker $500 per week in healing period benefits while he was off work. Therefore, the total of healing period benefits that was paid is $7,500.After 15 weeks, Mr. Worker was able to return to work but he is now having a much more difficult time doing his job.Work Comp Insurance Company voluntarily paid Mr (Personal injury lawyers Scranton pa Munley law).
Therefore, the total of PPD benefits that was paid is $15,000.Therefore, Work Comp Insurance Company has paid a total of $37,500 to or on behalf of Mr. Worker. ($15,000 of medical benefits + $7,500 of healing period benefits + $15,000 of PPD benefits = $37,500).The future medical expenses will be $10,000.If the work comp case went to trial, Mr.
Adverse-Driver 100% at fault (scranton personal injury lawyer munley law). This means that Mr. Worker will be entitled to receive all of his personal injury damages. There is a 50% chance that the jury will find that Mr. Worker was 100% at fault for the accident. This means that Mr. Worker would not be entitled to receive any damages in the personal injury case.If the personal injury case went to trial the jury would probably decide that the damages were in the range of $25,000 to $75,000.Mr.
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Adverse-Driver, and also to pursue additional workers’ compensation benefits against Work Comp Insurance Company. Mr. Worker has entered into a Contingent Fee Agreement in which his lawyer will be paid one-third of any additional amounts he can recover on behalf of Mr. Worker.Here is a simplified version of the factors that the injured worker and his lawyer need to take into account:The Work Comp Insurance Company is entitled to be repaid from any settlement or award even though the liability for the accident is unclear (personal injury lawyer pennsylvania).
However, Work Comp Insurance Company also wants to minimize its exposure for additional PPD benefits.Auto Insurance Company wants to pay as little as possible towards the claim, but avoid the risk of the case going to trial and potentially having to pay a substantial verdict.Mr. Worker would like to collect the most possible money for his injuries, and maintain his future medical coverage for his work injury through Work Comp Insurance Company.Mr.
Worker would prefer not to have to re-pay any money to Work Comp Insurance Company.Mr. Worker can point out to Work Comp Insurance Company that if it is not willing to compromise its lien, then Work Comp Insurance Company might end up getting repaid nothing. The reasoning is that in a trial against Mr.
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Worker is more than 50% at fault, and therefore is not entitled to recover any damages in the personal injury case.Taking this risk of a verdict in favor of Mr. Adverse-Driver into account, Work Comp Insurance Company might be willing to waive some or all of its recovery rights. Work Comp Insurance Company might also be willing to pay additional PPD to resolve the workers’ compensation case.Therefore, taking into account all of the factors at play and the uncertainties and dangers that Mr.
Worker an additional $40,000 of PPD benefits.Work Comp Insurance Company waives its right to be repaid anything out of the personal injury settlement.Work Comp Insurance Company agrees that Mr. Worker’s right to future medical benefits will remain in effect.Auto Insurance Company pays Mr. Worker $40,000 as a compromise settlement taking into account the range of potential damages and the chance of a jury verdict in which Mr.
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