QUESTION
Can a injured workman’s Comp person settle their case while they have a pending disability case?
Asked on Jun 22nd, 2011 on Personal Injury - Florida
More details to this question:
Can a injured worker man’s Comp person settle their case, while they have a pending disability case?
7 ANSWERS
Automobile Accidents Attorney serving Portland, OR
at
The Law Office of Josh Lamborn, P.C.
Update Your Profile
I do not practice workers compensation or disability law. Sorry.
Answered on Jun 28th, 2011 at 11:52 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Yes but there could be consequences and medicare set aside trusts that need to be set up if you have applied for Social Security Disability while you try to settle a workers comp case. I would recommend calling a workers comp attorney.
Answered on Jun 28th, 2011 at 11:16 AM
You should consult with and/or retain an attorney who handles worker's compensation matters.
Answered on Jun 28th, 2011 at 10:55 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
If the "pending disability case" is not your worker's compensation case, then I would strongly recommend you consult with the lawyer representing you in the workers' compensation case. If you don't have a lawyer representing you in the worker's compensation case, then I would strongly advise you to get one.
Answered on Jun 28th, 2011 at 10:54 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Yes. However, there is language that is very helpful to have in the settlement documents known as "Utica Mohawk" language. If you are representing yourself, ask the attorney for the insurance carrier to include this language in the settlement order. In some cases, Social Security will take the workers comp settlement out of your benefits, and "Utica Mohawk" language can minimize this. Also, if you expect Medicare to provide future benefits for the workers comp injury, which is likely if you are going on disability, then you may need to include a Medicare set aside in your workers compensation settlement. At the end of the day, if you are totally disabled as a result of your injury, you may need the help of an attorney.
Answered on Jun 28th, 2011 at 9:57 AM
Bad Faith Attorney serving Orlando, FL
at
Riley Allen Law
Update Your Profile
Yes, but you may need to consult a lawyer to be sure you don't create problems for yourself.
Answered on Jun 28th, 2011 at 9:35 AM
New User
I am not certain I understand your question. Do you want to know if you can settle a third party claim while the WC claim is pending?
Answered on Jun 28th, 2011 at 9:35 AM