What Happens When You have Workers Compensation and Personal Injury Claim?

William Poremba was driving as part of his job for Southern Nevada Paving. While driving, he got into a car accident. See Poremba v. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017). William later filed a workers’ compensation claim through his employer. Since the accident wasn’t his fault, William also made a personal injury claim against the driver that hit him. William ultimately settled his personal injury claim.

As is typical in most settlements, the settlement agreement didn’t specify how the funds were to be allocated. For example, there was no mention how much of the settlement would go towards for pain and suffering, medical bills or lost wages.

After he was done treating and his personal injury case settled, William tried to go back to work.  However, when William tried to go back to work, he realized that he needed additional medical care through the worker’s compensation program. However, William’s request to reopen his worker’s compensation claim was denied. William appealed the decision and was again told he couldn’t re-open his worker’s compensation case. Not be deterred, William’s lawyer took his case all the way up to the Nevada Supreme Court.

In discussing whether his claim could be re-opened, Nevada’s high court, concluded that William’s case could in fact be re-opened. The court said that worker’s compensations insurers could be paid back for medical bills that they paid, but are NOT entitled to reimbursement from the portion of the settlement designated for pain and suffering or lost wages.  See NRS 616A.090.

What does this mean for your personal injury case? If you have a worker’s compensation component to your personal injury case, worker’s compensation can only get paid back for medical treatment that they provided. Any monies you receive for pain and suffering or lost wages cannot be taken by worker’s compensation program.

Next time, we will talk about claiming past versus future damages in trial.

Personal injury lawyer

A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Personal injury lawyers tend to practice primarily the area of law known as tort law.

Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including work injuries, automobile and other accidents, defective products, medical mistakes, and slip and fall accidents.

The expression "trial lawyers" can refer to personal injury lawyers, even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors, also appear in trials.

What Is a Personal Injury Lawyer?

Personal Injury Lawyer

Personal Injury Lawyer – Career Overview
A personal injury lawyer, also known as a plaintiff lawyer or trial lawyer, is a type of civil litigator who provides legal representation to plaintiffs alleging a physical or psychological injury as a result of the negligent or careless acts of another person, entity or organization.

Personal injury lawyers specialize in an area of law known as tort law which includes private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract.

The main goal of tort law is to make the injured party whole and to discourage others from committing the same offense.

Personal injury lawyers help plaintiffs receive compensation for their losses, including loss of earnings capacity (due to an inability to work), pain and suffering, reasonable medical expenses (both present and expected), emotional distress, loss of consortium or companionship, legal costs and attorney fees. Personal injury attorneys also work to safeguard clients from being victimized by insurance companies and the legal system.

Types of Personal Injury Cases
Any case or claim that involves an injury to the body or mind falls under the umbrella of personal injury law. Some of the most common types of cases handled by a personal injury lawyer are:

Animal Bite Injuries
Auto Accidents
Aviation Accidents
Bicycle Accidents
Boating Accidents
Brain Injuries
Burn Injuries
Construction Accidents
Defective Products
Insurance/Bad Faith
Medical Malpractice
Motorcycle Accidents
Nursing Home Abuse
Pedestrian Accidents
Slip and Fall Accidents
Spinal Cord Injuries
Wrongful Death
What Does a Personal Injury Lawyer Do?
Personal injury lawyers handle a case from inception through appeal and perform tasks similar to most litigators.

Typical tasks include investigating claims; screening potential clients and evaluating the merits of their case; gathering evidence; formulating legal theories; researching case law; drafting pleadings, motions and discovery; interviewing and deposing witnesses; preparing for trial; advocating at trial; and counseling clients.

Personal injury lawyers often juggle large case loads, tight deadlines and demanding clients. However, many lawyers find the most rewarding aspect of personal injury practice is helping injured victims and their families seek justice through the legal system.

Since many personal injury lawsuits are extremely complex, personal injury lawyers may specialize in certain niche types of cases. For example, personal injury attorneys who handle medical malpractice may specialize in breach births; personal injury attorneys who routinely litigate motor vehicle accidents may specialize in ATV rollover accidents.

Education
Personal injury lawyers pursue the same path of training and education as every lawyer; they must earn a law degree and pass a written bar examination. Personal injury attorneys can also become certified as a specialist in civil trial advocacy by completing a specialty certification program accredited by the National Board of Legal Specialty Certification, a non-profit organization accredited by the American Bar Association to provide board certification for attorneys.

Personal Injury Lawyer Skills
Personal injury lawyers typically possess these top ten legal skills. The most successful personal injury attorneys excel at oral advocacy, negotiation and client development and develop specialized knowledge in a niche field of personal injury law.

Personal Injury Lawyer Salaries
Personal injury lawyers are among the highest paid professionals on the planet. The most successful lawyers earn seven-digit salaries although most plaintiff lawyers earn between $30,000 and $300,000, depending on practice size and location. Plaintiff lawyers who pull in fees at the higher end of the spectrum usually handle class action suits or high-dollar personal injury cases. In addition, punitive damages – damages designed to punish the defendant and deter bad conduct - can raise verdict amounts by millions of dollars, adding cash to the lawyer’s pocketbook.

Personal injury lawyers usually represent clients on a contingency basis, in which the attorney's fee represents a percentage (typically 30%-40%) of the plaintiff's eventual compensation, payable when the case is resolved. This arrangement means that the plaintiff does not pay a fee unless the lawyer recovers money on his behalf.

Employment Outlook
Since litigation is on the rise and represents the bread and butter of many law firms, the employment outlook for personal injury attorneys is excellent. An uncertain economy, stricter regulation, and company growth topped the reasons cited for anticipated increases in litigation in a recent litigation trends survey. However, tort reform - proposed changes in common law civil justice systems that would reduce tort litigation and cap damage awards – could potentially reduce the number of claims filed and a number of damages recovered by plaintiff attorneys in the future.