So how will filing a personal injury matter with your workers compensation claim affect your workers compensation claim? Hello, my name is Ty Wilson. I'm a Georgia Workers Compensation Attorney practicing law in the state of Georgia. And our question for today is, “How we're filing a personal injury claim affects my existing workers compensation claim?” And the short answer is, it depends on how your attorney and or attorneys (plural). Some people hire multiple attorneys, some people hire one that can handle everything.
It depends on how they handle the claim and structure claim. “Are they working together or are they working for each other and not necessarily working together?” which may or may not affect you. And so that is probably the biggest question. The things that you should know about is if you have a worker's compensation claim, they're likely going to try to assert what is called a ‘Right of Subrogation” or “Right of Reimbursement”. They mean the same thing. And that means that the insurance carrier who is paying all the benefits out on the workers compensation claim will potentially attempt to get involved with your personal injury claim to make sure that they're paid back.
Now, is that a guaranteed right? Well, there's a lot of questions that must be answered. It's important that you have an attorney to help you with that, as that gets complicated. The rules of subrogation and right of reimbursement get complicated quickly. So specific information is important, and that will help determine if, in fact, the workers compensation carrier is entitled to be paid back or if they're not entitled to be paid back. And a lot of that's going to depend upon the severity or seriousness of the injuries and the amount of time you've been out of work, lost wages, etc.
And so very important that you speak with the Georgia Workers Compensation Attorney. And ask them more information about the claims and how your claims interact. If you have an attorney, they should know what to do with helping you with your subrogation, your right of subrogation. And so you want to speak with them directly. If you get any notice, you certainly want to share that with your attorney. I hope that's been helpful. We'll see you in the next video.