ipl-logo

Workers Compensation Case Study

1125 Words5 Pages

Many people are confused by whether they have a worker's compensation case or a typical personal injury/negligence claim. However, most clients are unaware that sometimes you can actually have both.

Under Florida Statute 440.39, entitled "Compensation for injuries when third persons are liable"

If an employee, subject to the provisions of the Workers' Compensation Law, is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee's dependents may accept compensation benefits under the provisions of this law, and at the same time such injured employee or his or her dependents or personal representatives may pursue …show more content…

The answer is yes. Generally, UM coverage will be reduced by 1) the bodily injury limits of the uninsured toreador's auto liability policy; 2) benefits available to the insured under any workers' compensation law; 3) personal injury protection benefits; and d) disability or similar benefits or similar law.

Do you have to repay a worker's compensation lien from uninsured or underinsured motorist proceeds? Per the case of Volk V. Gallopo, 585 So. 2d 1163.(Fla. 1st DCA 1991), a workers' compensation lien is only payable from the liability proceeds, not the uninsured motorist proceeds. You can refer to Florida Statutes, Sections 440.39 (3)(a) and 627.727(1). The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor. Please reference Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000).

While there is more to it, the general idea is that yes, you can maintain two separate actions--one for a worker's compensation claim and another for a personal injury claim so long as you are in compliance with Florida Law and for that, it is always best to discuss the particulars of an individual case with a Florida

Show More
Related
468 Words | 2 Pages

Ultimately Mr. Montanile won the lawsuit and was awarded $500,000 in a settlement. Due to Mr. Monaile receiving a substantial settlement from his claim on for uninsured motorist, the Board of Trustees of the National Elevator Industry Health Benefit Plan filed a lawsuit under the Employee Retirement Income Security Act of 1974 to recoup medical expenses paid to Mr. Montanile. The District Court of Florida ruled in the favor of The Board of Trustees. The Board of Trustees argued the suit fell under the ERISA which allowed insurances plans "to obtain . . .

Read More
475 Words | 2 Pages

Failure to state a claim upon which relief can be granted: Motion 12(b)(6). The first motion my office can file on your behalf is Failure to state a claim upon which relief can be granted in accordance to federal rules of civil procedure 12(b)(6). Upon reading the complaint, it was brought to my attention that the complaint lacked prima facie facts of the accident such as in what way

Read More
510 Words | 3 Pages

Bruelands insurance company finally decided to consent to a settlement of $25,000 awarded to Davis. After receiving that settlement for the damages to his truck, filed a claim with American Insurance Corporation for loss of use damages. AAIC did not honor his claim then cancelled his policy, arguing that they will only pay for what he was legally entitled to not his loss of use damages. Robert then filled a suit against request that they compensate him for the wages he lost during a two month of shutting his business down, due to no wrecker truck. AAIC only argument in the suit was they were not responsible for the loss of use damages that’s not under policy and how it not Texas law to recover loss of use if damages are destroyed.

Read More
696 Words | 3 Pages

Mr. Maxwell on October 8, 2000, suffered an on the job injury that results in workers compensation claim for injury. During the time of injury, Mr. Maxwell was unable to work and collected income from the claim. The defendant Mr. Maxwell wanted to work and had a loyal history of working on time at The Bay State Paper Company. One of the issues of the case stated by AIG was that Mr. Maxwell was working during his time of collection and was receiving an income from janitorial

Read More
432 Words | 2 Pages

The first claim was a specific injury claim dated 2/2015 with a second cumulative injury CT: claim from 6/2014 through 6/2015. The injuries in the specific claim stem of having injuries to the claimant’s back, lower extremities and a left knee claim injury. He said the second claim is a CT: 6/2014 through 6/2015 claim of injuries that stem from bilateral shoulders, back, lower extremities, left elbow, hands, fingers, legs, bilateral knees, stress, and anxiety. In his opinion, Witness Flores believes that the claimant is “retaliating” against him after he told the claimant sometime in 2014 that the claimants youngest sister, Juana Lopez Valadez was having an affair with a Pastor at a local church where the claimant 's family and his family attend.

Read More
263 Words | 2 Pages

Not every fender bender requires the assistance of a lawyer, but in many cases, they can help protect your interests and make sure you get the compensation you deserve. Stepleton Dugan, LLC Attorneys at Law are personal injury attorneys serving clients throughout Cincinnati, and they 're here to explain when you should consider hiring legal representation. Call an accident attorney for any accident involving: Property Damage: Whether you 're seeking compensation from your own insurance company or that of the other driver, Stepleton Dugan, LLC Attorneys at Law have the negotiating skills and experience to make sure you get a fair, prompt settlement offer. Personal Injuries: No matter how slight your injuries may be, you should still seek

Read More
70 Words | 1 Pages

To whom it may concern, As you are aware that our client Antje Victore’s vehicle was at a total loss from the accident on 04/01/2016. Due to the nature of the case our client is now being held responsible for a $1000.00 deductible to close out her current lease on the vehicle. Since your insured is liable for the damages and costs we request that your policy covers this cost.

Read More
451 Words | 2 Pages

According to the e-book" If the medical biller determines that an illness or injury is potentially work related and therefore subject to WC insurance, the medical biller sends a letter with questions that will determine which party to bill for services. WC requires a Doctor’s First Report of Injury to be submitted before a case can be approved to be pursued through workers’ compensation insurance. Subsequent

Read More
432 Words | 2 Pages

If you are involved in an auto accident, instead of relying on the other driver’s insurance to pay your medical bills, your auto insurance is obligated to pay your medical bills for you. They are also required to cover any lost wages that you suffer as a result of the accident. Your insurance is

Read More
867 Words | 4 Pages

That conclusion most likely will result in a payout to the injured parties on your behalf. However, those payment amounts will only extend up to the liability coverage your policy provides. If your damages amount to more than what your insurance is willing to pay, you now face a gap in liability protection. At that point, your umbrella insurance policy kicks in and covers the financial differences from that gap in coverage. Marine Agency Has Your Umbrella

Read More
1018 Words | 5 Pages

However, in the case that a malpractice suit goes to court, victims can only receive compensation from the healthcare professional’s liability insurance if and only if some form of actual medical error was made and if said error has been documented or is physically provable in some way, which can be extremely difficult and perhaps even impossible under certain

Read More
768 Words | 4 Pages

A recent article from NPR and ProPublica titled, Inside Corporate America’s Campaign to Ditch Workers’ Comp, investigates how companies are opting out of the workers’ compensation system, specifically in Texas. The lawyer leading this trend is Bill Minick, and he believes corporations should be able to opt out of state workers’ compensation law, and write their own rules. State Laws on Workers’ Compensation Most states in the U.S. have a system of workers’ compensation pursuant to state laws, as is the case in Colorado. However, some states, like Texas, allow for companies to opt out of the state system. Oklahoma recently passed a law, which Minick co-wrote, that also allows companies to opt out.

Read More
717 Words | 3 Pages

Having such low coverage is a reason why Hawaii has one of the cheapest car insurance compared to other

Read More
351 Words | 2 Pages

While you may spend eight or more hours a day at work four or five days a week, if you are like many people, you gave little to no thought to workers’ compensation law until you suffered an injury on the job. Understanding the benefits provided by workers’ comp is important to ensure you get the full benefits. In South Carolina, most employees and employers are covered by the State’s Workers’ Compensation Act. There are a few exceptions, including businesses with less than four employees, agricultural employees, railroad employees, and some real estate salespeople.

Read More
1105 Words | 5 Pages

This is unfair and not reasonable on any scale and should not be allowed. If a cashier does have a serious injury, the work benefits are little to none so who knows if they would receive workers compensation. Then this means they would be injured and out of their job, unable to pay for any medical services or necessities. If they are able to return to their job after rehabilitation, they will always suffer from the side effects of their previous injuries. Major studies have been conducted on the factual analysis to these claimed injury cases and they have all proven to have had supporting evidence that these injuries are capable of happening.

Read More

More about Workers Compensation Case Study

Related Topics

Open Document