Ty Wilson Law Podcast

#226 Georgia Workers' Compensation Lawyer - what is Georgia workers compensation subrogation?


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Workers compensation segregation. So, what is that? Well, that comes into play whenever you have both a work injury and a personal injury claim. And so, the segregation part is if workers compensation pays for your medical care, and they provide you medical care they have arguably what's called a “right of segregation”. Meaning that they can collect the money that they've spent on your behalf on of your claim. From your personal injury settlement now that's in theory. So, what does the law say? The law says that in order for workers compensation to be able to collect from your personal injury claim, you have to be completely compensated for all economic and noneconomic damages. And so, what does that mean? Well, economic damages are pretty straightforward that is the medical care that's provided in the loss wages. Now, remember in a workers compensation claim, you're not paid your full loss wages you're paid 67% of your average weekly wage. So, there is some sort of offset there but more importantly in your non economic damages. Did you fully recover? A lot of if the insurance workers compensation insurance carriers going to be able to collect. It's gonna be based upon; Did you fully recover? Are you back 100%? If so, there may be a possibility that they could recover. However, most of the time it's very difficult for them and I mean when I say “them”, the workers compensation insurance carrier to crew that you as the injured worker have been completely compensated of all economic and noneconomic damages. But most of the time, that is a very high hurdle to overcome. Hope this information has been helpful and we'll see you on the next video.

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Ty Wilson Law PodcastBy Ty Wilson