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
Injury Election Form (Workers' Compensation)Q: I was driving my employer's van making a delivery when another driver ran a red light and hit me. I have a broken leg and am missing work. Workers' Compensation is paying my medical bills and lost wages, and they sent me an election form asking whether I would pursue a claim against the other driver or allow them to pursue the claim. What should I do? A: The Worker's Compensation carrier wants to be reimbursed for the medical bills and wages it is paying you. Under the law, the carrier can assert a lien against any settlement or judgment you receive fro the other driver or his/her insurance. If you hire your own attorney, your attorney should try to recover your medical expenses and lost wages AND money for your pain and suffering. If you allow the Worker's Compensation carrier to go after the other driver for you, it will attempt to recover its own losses but will not attempt to collect for your pain and suffering. It is your choice.
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