Workers Compensation Liens in Virginia Personal Injury Cases

Workers Compensation Liens in Virginia Personal Injury Cases

Often a worker on the job gets injured by someone who is not a co-employee. This can happen in car accidents, on construction sites, at delivery locations, and in slip and fall cases where the worker is injured at a building not owned by the employer. In such cases, the workers compensation claim usually begins right away and then, when medical treatment is finished or leveled off, the personal injury case is settled or taken to trial. 

At this point it must be remembered that the workers compensation insurance company is allowed to recover most of the money  it paid to the injured worker or the health care providers from the proceeds of the personal injury case. In fact, the workers compensation insurance company has the right to file its own "personal injury" lawsuit to get its money back. Virginia Code Sections 65.2-309,65.2-309.1, 65.2-311, and 65.2-313 are the laws dealing with these liens. 

Most of the time however, the workers compensation insurance carrier will let the injured worker's personal injury lawyer handle the case. If the injured worker has not been informed by the lawyer of this legal right the the workers compensation insurance company has to a large portion of the settlement from the accident case, it can be a painful surprise. There are various tactics and techniques a lawyer who is experienced in both workers compensation and personal injury cases can use to reduce the amount the injured worker  pays back, particularly if the same lawyer is handling both cases.

Automobile Accident Medical Insurance

Medical expense coverage is an option on car insurance policies. The Virginia law which describes it is Code Section 38.2-2201. It pays for medical treatment for accident related injuries regardless of fault. It is a separate coverage from liability and uninsured motorist coverage. An automobile insurer can offer different coverage amounts, usually between $2,000.00 and $10,000.00. Often, if a specific request is made, higher coverage amounts are available. The coverage amount is "stacked" based upon the number of cars on the policy. For example, if there is $5,000.00 in coverage and three cars on the policy, then there is actually $15,000.00 in benefits available.

If an insured is injured in a car accident, this coverage can be very important if the other driver has limited insurance or if the insured is partly at fault for the accident. Medical expense insurance will pay the insured directly for medical expenses related to the accident. It applies to medical bills for treatment within three years of the accident. The payments are made when the medical bills are submitted to the insurance company. This means the injured person does not have to wait until the end of a personal injury case to receive payment.

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Medical expense coverage is an option on car insurance policies. The Virginia law which describes it is Code Section 38.2-2201.

Uninsured and Underinsured Insurance

Uninsured/Underinsured (UM/UIM) motorist coverage provides insurance coverage to you, your resident relatives, no matter whose car they are in, and to those using your car if the at fault driver has no insurance or has minimal insurance. It is important to remember that if your coverage is the Virginia minimum of $25,000.00 and the at fault driver has the Virginia minimum of $25,000.00 in liability coverage, your UM/UIM coverage will not help. In order for your UM/UIM coverage to provide additional protection, your insurance coverage limit for UM/UIM coverage has to be more than the other driver's liability coverage. For example, if a family member gets in an accident with a driver who has $50,000.00 in liability coverage, unless your UM/UIM coverage is more than $50,000.00, it does not "kick in".

Since many people are driving around with only $25,000.00 in liability insurance coverage, it is important to talk to your insurance agent about UM/UIM coverage. I believe this is particularly important when teenagers begin to drive since UM/UIM insurance can protect your family members if they are a passenger in a friend's car.