I was injured on the job and filed a lawsuit against the individual and won. Do I need to pay the insurance company back for my medical bills?

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I was injured on the job and filed a lawsuit against the individual and won. Do I need to pay the insurance company back for my medical bills?

Injured on the job and sued the individual who injured me and won. Must I pay back the insurance company for the medical bills that they paid

Asked on April 24, 2009 under Personal Injury, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were injured on the job by another fellow employee, typically workers compensation covers the claim and provides the treatment through its approved doctors and you can't sue the employer or fellow employee. (I am NOT a Michigan lawyer so the answer may be different in your state.)

Here I assume you were injured as a result of the negligence of someone other than a fellow employee, such as a delivery person or contractor from a third party, got heath care through your regular insurance plan, and now have won a judgment against the employer of the person who injured you for the health care, loss of wages, any permanent injury/scarring, and pain and suffering.

The typical health insurance policy/plan gives the health insurer a claim or lien -- to the amount it paid out in health care benefits -- on any proceeds eventually recovered from third parties who injured you, sometimes to the extent of any sum specifically designated for health care, and most times without regard to the wording of the settlement.

The purpose is to prevent you from "profiting" by recovering the cost of health care you did not actually pay for.

If that's what your policy or plan provides, you will have to reimburse the health care provider. Typically, as part of any settlement, the lawyer representing you will negotiate down the amount you have to pay the health care company or plan before final settlement. So ask your lawyer.


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