Bill Berkshire PC
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Website designed and maintained by Panacea Productions
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Concentrating in personal injury and wrongful
death cases
Pedestrian Hit On The JobQ: I was running an errand for my boss and started across an intersection when the "walk" light came on. About halfway across, a car turned into me. I was thrown to the ground and ended up with a broken leg, bruises, and my back hurts. I reported the claim to my boss and am receiving Workers' Compensation, but am I entitled to anything more? A: You have a Workers' Compensation claim and a third-party claim against the driver who hit you. Workers' Compensation is the primary insurance for payment for your lost wages and medical expenses for now. However, you also have a claim against the driver for your medical expenses, lost wages, pain and suffering and any long-term problems due to the injury. The Workers' Compensation carrier will send you a Notice of Election form which requires that either you obtain an attorney yourself to protect the carrier's lien for repayment of the benefits it paid for you; or that you allow the carrier to pursue the claim against the driver. If you allow the carrier to pursue the third-party claim, the carrier usually will not pursue a claim for your pain and suffering and will only try to obtain reimbursement for its costs.
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