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I WAS INJURED WHILE DRIVING ON MY JOB. I RECEIVED THE 3RD PARTY SETTLEMENT AND I'M ABOUT TO RECEIVE MONEY FROM WORKERS COMP.

New Brunswick, NJ |

IS THE WORKERS COMP INSURANCE ENTITLED TO 2/3 CREDIT OF WHAT I RECEIVED IN MY 3RD PARTY SETTLEMENT AND DEDUCT IT FROM MY WORKERS COMPENSATION SETTLEMENT. THIS IS HAPPENING IN NJ. PLEASE EXPLAIN SO I UNDESTAND

Attorney Answers 4


  1. The short answer is, probably yes. The theory is that you are not allowed to a "double recovery." In New Jersey law, when you are injured on the job, the employer pays you temporary disability benefits, provides medical care, and also provides permanent disability benefits based on the nature and extent of your permanent injuries. Your employer pays this regardless of fault. HOWEVER, when there is a liable third party, the law allows your employer to seek reimbursement of a portion of the benefits that they paid out from that third party. You really need to discuss this with your attorney, because there is a little more to the calculations.

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  2. This is a conversation to have with your Personal Injury Attorney.

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  3. You can NEVER double recover.

    WC paid all your bills and paid you TTD, and will be liable for permanency. State law says that if there is money from a 3rd party, WC gets repaid FIRST. You get to keep anything beyond that.

    Your attorney should explain the details.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. The issue is how much, if any, money your workers' comp carrier gets from your 3rd party settlement under NJ's laws of "subrogation." That simply means how much the comp carrier gets back of the money that it spent on your claim. Each state has different laws relating to subrogation and your lawyer needs to walk you through exactly how much NJ allows in subrogation under the facts of your case.

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