Thursday, March 1, 2012

Accepting a Settlement Could Stop Workers Comp Benefits ...

In many South Carolina Workers' Compensation Cases, an employee is injured as the result of a third party's negligence.? We see these cases in a product laibility case, a case where someone other than an employer mainatained a machine that caused the injury or in a car accident while on the job. The most common is a work related car accident injury.

Workers' Compensation Lawyer Greenville, Spartanbrug, and Anderson, SC

Generally, if an employee is operating a company vehicle or is operating a vehicle in furtherance of company business and the employee is in? car accident, regardless of fault, then the employee may be entitled to workers comp benefits including medical benefits and ultimately financial compensation related to impairment and/or workers comp disability.?

Greenville, SC Car Accident and Injury Attorney

When another driver is at fault and based upon the negligence of that third party, an employee is injured then the injured worker may have a workers' compensation claim as well as a third party lawsuit against the negligent driver.? Under South Carolina Workers' Compensation Law, a workers' comp insurance carrier has a lien (right to recovery) of any money paid out on the workers' comp claim.? If the employee settles the third party case prior to resolving the workers' compensation case or without the input and blessing from the comp insurance carrier then the employee could lose all workers' compensation benefits and benefits could stop immediately.

It is important not to settle a third party case without an agreement with the? workers comp insurance carrier.

If you have been involved in accident because of the negligence of another while on the job and you have a workers comp claim and a negligence lawsuit, call the law firm of Black, Black & Montgomery, LLC for a free appointment to discuss how to proceed in resolving both your workers comp claim and the third party negligence claim so you get all of the benfits to which you are entitled. (800) 681-1931 or (864) 558-8297

Source: http://www.blacklawfirm.net/blog/2012/02/accepting-a-settlement-could-stop-workers-comp-benefits.shtml

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