Everything listed under: workers compensation

  • UM and Workers' Compensation

    Would a worker be precluded from making claims under both his work UM policy and his personal policy? His personal has tendered but I discovered that his employer has a policy also.  Read More...

  • EMSA Filed Lien in Workers' Compensation Claim

    I have a Worker's Comp/3rdparty liability case arising out of an MVA. The 3rdparty auto insurance wants to settle with the standard 1/3 to WC subroation, 1/3 to the attorney, 1/3 to client agreement. EMSA filed a lien early on but WC has paid them about half of their bill. They won't release their lien. Is there any authority stating that EMSA has to release their lien and take the WC payment as payment in full?  Read More...

  • No Workers' Comp Claim Filed/Medical Providers Accept Write-Offs?

    I have a client who had a car accident while on the job who won’t let me file a workers’ compensation claim. Still the comp carrier has so far paid a portion of some of the med bills. Where there is no official comp claim, does the medical provider have to accept what the WC carrier pays as full payment? I'm concerned they'll return the WC money and demand full payment from my client.  Read More...

  • Coverage

    I have a client semi driver who was rear-ended by a co-employee. Can he access his own UM even though he can’t assert a claim against his co-employee?


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  • UM Exclusion

    May a commercial UM policy exclude coverage for injury covered by workers' compensation?  Read More...

  • Temp Agency

    Is a company that hires from a temp agency immune from suit if the temporary employee gets injured on the job?  Read More...

  • Worker's Comp Exlusivity

    I have an on the job death case that appears to be the result of the negligence of a fellow employee. Since the decedent was not married and had no children, no claim for the death could be made under the worker's comp act, though the parents and siblings can make a claim under the wrongful death statute. Since there is no claimant under the Comp Act, does that lift the bar on district court claims? Can I file a lawsuit in district court based on the negligence (not intentional acts) of the employer?  Read More...

  • Workers Comp Subro in PI Case

    I have a minimal impact car wreck with significant cervical injury.  Plaintiff was on the job at the time of the collision and workers’ comp ruled the injuries caused by the wreck.  In third-party case, insurance company arguing the wreck did not cause the injury.  Can I use the comp decision to bar the insurance company’s defense  Read More...?
  • Denial of UM Coverage Based on Workers Comp Exclusion

    I have a case where my client was injured in auto accident on the job.  Tortfeasor has limited coverage.  My client has UM which says coverage may not apply due to exclusions in the policy relating to claims for bodily injury covered by WC  Read More....