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Forum
-> Children's Health
amother
OP
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Mon, Feb 22 2021, 8:53 pm
Does it make sense that they take 25% and workers comp is an additional 20%? So you only get approx half?
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amother
Khaki
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Mon, Feb 22 2021, 8:57 pm
Personal injury and worker's comp are two different types of claims.
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amother
OP
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Mon, Feb 22 2021, 9:03 pm
I’m probably not understanding it properly but in the contract it says he charges 25% and workers comp is ordered by the court and usually 20%
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amother
Yellow
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Mon, Feb 22 2021, 9:58 pm
Workman's Compensation is a different type of lawsuit than a personal injury claim.
They are separate actions and generally workman's comp claims aren't necessarily personal injury. For instance, any time you are suffer some form of physical or mental injury through your job and can't work, you may be able to file a workman's comp claim. I am not an expert but in my experience the claims are a percentage of your theoretical lost wages and can be temporary or permanent.
I am not an expert but in general workman's comp precludes a worker from filing a regular personal damages claim. Theoretically you don't need an attorney to file the claim although obviously it can be helpful. It is a reason why legitimate businesses carry Workman's Comp (besides it being the law) as it protects them from employee claims for injuries incurred by their workers.
You should speak to your attorney and find out what the basis of each action is.
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