wreck- 5 years later

[acricket]

Was injured on duty in auto accident. Has impaired my speech to the point is is difficult to communicate. Workers comp after serveral mediations, and a hearing awarded me 25% permanent disabilty. (25,000). Am in the process of litigation with the company that caused the accident, and even though the WC award was in November of 2007, am being told that it will not be distributed until a settlement is reached in the lawsuit. Am also being told that WC will have to be paid back if there is any award in lawsuit. Does WC not have to try to recoup monies from party at fault. Accident was in Sept, 2003 in SC. I know that laws very from state to state, but wasn't sure if anyone could explain this.

[jayne]

WC should go ahead and pay you but yes they will have a lein on your 3rd party to recoup any and all money spent on you to include Doctor and hospital bills

[1171]

workers comp is the third party and there is no point in them suing for the same injury as long as you are. You have the stronger claim.
workers comp will just wait and take their reimbursement from your settlement. The other party doesn't have to pay twice for the same injury just so you can collect both. there maybe some caselaw that might reduce the comp carrier's recovery if there was any contributory negligence from the employer.
legally workers comp is a secondary payor and as long as there is a primary they are entitled to full subrogation rights.