What is a third party claim in workers' comp? What is subrogation?

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  • Опубликовано: 21 окт 2024

Комментарии • 12

  • @vinayupadhyay2694
    @vinayupadhyay2694 4 месяца назад

    Informative video. Could you please make one extensive video on workers compensation claims with all the information

    • @myworkerscompguide
      @myworkerscompguide  4 месяца назад

      If it was possible, I would. But the video would go on for hours and hours, and still only cover a portion of workers' comp.

  • @rafflegiveaways
    @rafflegiveaways 11 месяцев назад

    How long does a third party lawsuit typically take?

    • @myworkerscompguide
      @myworkerscompguide  11 месяцев назад

      The Superior Court in California has fast track rules, which try to speed things along. But it can still take a year or two or three depending on the complexity of the litigation and dollar amounts at stake.

    • @rafflegiveaways
      @rafflegiveaways 11 месяцев назад +1

      @@myworkerscompguide I currently have a worker's comp case with a s/w and third party lawsuit pending and workers comp. Just stopped my payments due to being MMI and I guess they are going to start PD advances. Is there anything else I can collect? My job seems to not have a position available for me within my restrictions also in located in southern California my hand got crushed due to employer removing safety lockout on machine

    • @myworkerscompguide
      @myworkerscompguide  11 месяцев назад +1

      @@rafflegiveaways With a S&W claim and a third party claim, ideally you have an attorney. If yes, I can really only recommend asking him or her. Your attorney knows your case best. I can really only give general answers as to how the workers' comp system works.

  • @Chiqfrmdasoup
    @Chiqfrmdasoup 3 месяца назад

    This happen to me lady ran a light hit me the car i was in rolled over she told police i ran red light they believed her i got citied for runnig light my laywer got the charges amnded and dropped to equipment faluire havent recieved no money

    • @myworkerscompguide
      @myworkerscompguide  3 месяца назад

      Generally no money is paid out for personal injury claims until they settle, while workers' comp will start paying money to the injured worker and doctors as soon as the case is accepted. Since you have an attorney, he or she would know your case best, and I'd recommend talking to your attorney about your case.

  • @josetafoya6101
    @josetafoya6101 11 месяцев назад

    Is there a limit on how much the Workers compensation carrier can get from the third party claim ?

    • @myworkerscompguide
      @myworkerscompguide  11 месяцев назад +1

      Good question. They can generally collect up to the amount that they paid out for medical and indemnity. However, they can also file a Petition for Credit based on the injured worker's net recovery in the civil lawsuit, and then the injured worker has to pay for future medical care (up to some amount) before workers' comp starts paying again. But again, it's a very complicated area of the law and is very fact-dependent.

  • @CheckItRalph
    @CheckItRalph 11 месяцев назад

    Random question. I have a 401k(personal) and want to withdraw. Will I be penalized by the insurance since I’m currently receiving TTD payments?

    • @myworkerscompguide
      @myworkerscompguide  11 месяцев назад

      If you are asking if you will be penalized by workers' comp, I wouldn't think so. It's your money, so you're not earning "income" while on TD if you withdraw your own money. If you are asking if you will be penalized by the administrator of the 401k, I wouldn't know.