Workers Comp

Do I have to pay workers comp back for medical bills if I'm suing the parties insurance that hit me?

You don't get to double dip.  If you were hurt on the job your ONLY remedy is workman's comp.  You cannot file a personal injury suit.  You can expect that the other party's insurance company will ask for a summary dismissal because you are covered by workman's comp.  Even if it was successful the right of subrogation would require you to pay back workman's comp or your private insurance.

So I lose my job car and home and all I get in return is my stupid medical bills payed by worker's comp? That makes no since.

That is the law regarding WC.  You cannot file a personal injury suit.  It doesn't work that way.

Ok well had I known that I would have never filed a suite in the first place thanks.

I am surprised that an attorney took the case knowing it was WC.  Or did you file this pro se?

Just a guess: Dig deeper

I'm not so sure--Under WC I cannot likely win to sue my employer--but if you hit me while is was working  I may be able to sue you.

Now if I win I may be required to pay back WC  but I assume you are suing for more than just basic medical as covered by WC  .

The attorney knew I was on the job when I got hit what is pro se?

Well I'm suing because I lost pretty much everything due to this accident and because I was told I would have to sue the guy who hit me in order to get my lost wages.

Pro se is when you file the law suit on your own without a lawyer.

If the attorney is not familiar with WC rules they may have filed the case anyway.  Do not be surprised if the insurance carrier for the defendant moves for summary dismissal based on your already filing WC and being injured on the job.  Even if you do collect all you are entitled to is the payment of the medical bills and wages ( all of which would have to be reimbursed to WC) and perhaps a small amount for pain and suffering.  Your loss of car and home because you couldn't pay the bills would not be compensable in the suit.

Wow this is looking worse by the minute, and now I really don't know what to do.

Talk to a couple more attorneys and see what they say.  

Here are the problems I see:

This accident was 10 months ago and you had minor injuries.  Your belief that "something is wrong" is not going to sustain a lawsuit.  You have to have expert medical testimony that you have XYZ injury and it was caused by the accident.  Second:  you filed WC.  Any money they paid on your behalf for medical bills and lost wages has to be paid back if a personal injury suit is settled or reaches a verdict.  Third:  the opposing counsel is going to dig through ALL your medical records to see if they can attribute your medical issues to anything else BUT the accident.  Fourth:  there are the attorney fees and taxes on any money awarded.  Last:  if a large amount of the care you received was chiropractic you can virtually count on the insurance company denying it.  Quackopractics is known for fraud and insurance companies vigorously oppose cases with high dollar chiropractic amounts. 

So my attorney screwed me!? I wish I knew all of this before, man I feel stupid why wouldn't my attorney not let me know all of this?

"So my attorney screwed me!?"

I wouldn't say that.  Many times when you initially present the case to them there is reasonable belief there is a viable case.  Then as records are obtained and more information is verified that may change to the case is not sustainable.  

I would go back to the lawyer and ask very direct questions:

1) Will the other side seek dismissal because you are covered by WC?

2) Since there is no expert medical testimony to back up your injuries and they are minor how will that affect the case?

3) If there is a settlement from opposing side will the lawyer negotiate a possible settlement on repaying WC?

4) what about taxes?

5) what do they think the case is worth?

If the answers sound too good to be true:  they probably are.  i.e.  you have a multimillion dollar case and they will get top value for it.  Is this one of those firms that advertise in billboards, full page ads in phone book, and radio spots every hour?  They tend to promise the moon and then deliver peanuts.

I'll ask those tomorrow, No this is actually not a big firm. They actually didn't promise me anything they told me straight up I'd be better off settling sooner then later and they also found from my own personal insurance that I was cover for an uninsured claim that I qualify for. I also met with another attorney today that said I should be trying to get my P.I. attorney to work my workers comp case because they go hand an hand.