Workmans Comp versus Personal Injury

[Danielle McCaffery]

Hello!

So I got hurt November 16th, 2014 and just barely finished my personal injury case. Anyways, I started out with a Workmans Comp case and he recommended doing both WC and PI. But both parties told me I cant win twice but how is that fair? PI should have given me what I will lose out on for the rest of my life and WC should pay me what I missed for 2014 and 2017. I know I got 60% of my pay during WC until they finished my MMI in 2017 but aren't I allowed the other 40% for those 3 years? BTW I'm in California and I was told by a friend that they screwed me over as I could have gotten more in WC then PI which WC should have been first versus PI. But I'm really blown away by not winning twice. I'm not making millions I'm not looking at honestly much at all but I did not get my full pay while I was off and that is not fair for me. Anyways off my soap box. Thank you for answering!

 

[army judge]

I cant win twice but how is that fair?

Common sense and the law have NOTHING to do with fairness.

However, as you have retained an attorney, I suggest you direct all your legal questions to your attorney.

Because you are represented by counsel as you declared below:

he recommended doing both WC and PI.

Bottom line, this thread is closed because it is unethical for another attorney to communicate with you once it is learned you are already represented by counsel.

 

[adjusterjack]

I've reopened the thread to make an important comment. I'm not a lawyer so there isn't any "ethics" issue. I am, however, retired from a decades long career in the insurance industry.

While you cannot "double dip" between WC and Personal Injury you can collect WC while pursuing a Personal Injury claim.

What you have to understand is that WC is entitled to reimbursement from the person who caused the accident. That's the law.

You got 2/3 of your wages from WC. If you get 100% of your wages from Personal Injury, the Personal Injury claim pays the 2/3 back to WC and pays you the remaining 1/3 that you add to the 2/3 that you already got.

I'll leave the thread open if you have any more questions.

 

[hrforme]

I suggest OP read through this explanation : Single Remedy Rule Under California Workers's Compensation Law-And The Exceptions | Stimmel Law

But in the end, the OP needs to continue to seek the advice of their legal counsel on both matters.