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Do i need a workers comp lawyer,When i have a third party lawyer

Buffalo, NY |
Attorney answers 6


If you have been injured on the job you should contact a local attorney who may be able to help maximize your recovery. Workers compensation is a specialized area of law and it would be wise for you to consult with an attorney to ensure that you are adequately protected with regard to your claim.


Even if you have an attorney for a third party claim, it is recommended that you also have representation by someone knowledgeable in worker's comp.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


I am assuming that you are receiving first party benefits for medical expense and wage loss arising from an incident while working caused by someone other than your employer or a co-employee. If this is a motor vehicle accident the first $50,000 in worker's compensation benefits which you receive are paid in lieu of what would otherwise be no-fault benefits. They are not lienable against your personal injury recovery though you would need the worker's compensation insurer's approval to the third party settlement in order to keep your worker's compensation claim open. If your injuries were sustained in an incident other than a motor vehicle accident the worker's compensation carrier is entitled to lien your recovery from dollar one in accordance with the guidelines set forth in the worker's compensation law. Generally personal injury lawyers do not handle worker's compensation issues in compensation court during the pendency of the third party action. Worker's compensation is considered a subspecialty in the personal injury area. I would suggest that you speak with the attorney handling your third party claim in determining whether a worker's compensation attorney is necessary in your circumstance. It is important that the two lawyers communicate since settlement of your worker's compensation claim in a lump sum will increase the lien in your personal injury case and timing is of the essence in assuring that each recovery is maximized. Good luck.


It is usually best to have both a Personal Injury attorney and a Worker's Compensation attorney.

The information provided herein is for information purposes only and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists.


If your personal injury lawyer doesn't handle comp cases, get a comp lawyer in your city as well.

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If your accident occured in the course of your employment then you should have a pending Workers Compensation claim. It appears that you have sought a third party lawyer to bring a claim againt the negligent party(ies). In my office we have an attorney dedicated to handling your Compensation case and another attorney who handles your third party claim. These attorneys work in conjunction with each other to ensure you are maximizing your recoveries in both matters. Although you do not need 2 separate lawyers to handle these issues, it is advisable that you have a Compensation attorney to represent you in that case, whether someone who specializes in that area or your third party attorney. The Compensation insurance company for your employer will hire an attorney and it is always best to have legal representation on your side.

A settlement of your compensation case is dependent on thestatus of your medical care and condition, and you will also want to take it into consideration based on yuour third party action. Depending on the nature of the settlement you may lose the right to have any future medical care paid for by the compensation carrier. As such, every situation must be individually evaluated before making a decision to settle.

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