Idaho Law Blog
By Fred Lewis and Gorge Casper
Determining the payout of a Idaho workers’ compensation cases that occur at work and are the result of negligence by a third party can be very complicated. Cases where a third party is responsible for the injury suffered by the worker are generally severe. When medical bill payments are coupled with the large disability payments workers get from these types of injuries because of their extended (sometimes permanent) time away from work, the subrogated claim can often be hundreds of thousands of dollars. Injured workers need as much of the settlement money they can get because they can more often than not no longer find work that pays even half of what they were making before their accident. They need this settlement money to support their families.
Before joint and several liability was abolished in 1987, the injured employee could collect 100% of the tort damages from the negligent third party, but was subject to deduction for his or her own negligence. A credit was also given to the third party for any workers compensation benefits paid by the employer’s insurance company. For example, if a claimant was awarded $1,000,000 in the third party case, and the third party was found to be 60% negligent, the employer 30% negligent and injured worker was found to be 10% negligent (a deduction of $50,000), the injured worker would receive $900,000 from the third party, with a deduction for workers compensation benefits paid .
Since joint and several liability was abolished in 1987, the injured worker now only receives $600,000 from the third party. Tort reform from 1987 gave the injured workers the short end of the sick.
Injured workers have to aggressively push back. If you can show your employer was concurrently negligent in causing your injuries you don’t have to pay their insurance company back. Hire an experienced Idaho Worker’s Compensation Attorney to help you keep the little money tort reform has now given you!
Call Racine Olson
When seriously injured in a workplace accident, it can be devastating to you, your friends and family, and your finances. If seriously injured, you will certainly miss work and you will accumulate expensive medical bills. You need a passionate and experienced Idaho Worker’s Compensation attorney to help you navigate through the process. If you have been injured at your workplace, you are certainly entitled to benefits under Idaho Worker’s Compensation Law. Call our office today at (208) 232-6101. We answer all your questions for free.
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