In Oklahoma, if I was in a company vehicle and was hit by another vehicle, do I have to repay workers comp out of my settlement?
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In Oklahoma, if I was in a company vehicle and was hit by another vehicle, do I have to repay workers comp out of my settlement?
I was operating a work truck and was
blindsided by a tractor trailer owned
by another company. I had injuries to
my left hip and knee, left hand, and
right hand. I was on workers comp for a
few months with physical therapy. Now,
I am being offered a settlement and am
being told, by Oklahoma law, that I
have to repay workers comp expenses out
of my settlement? That doesn’t seem
right to me? Any advice would be
greatly appreciated. Thank you
Asked on February 9, 2017 under Personal Injury, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are not allowed to "double recover" from an injury or accident: that is, if you are paid something, like medical costs, by one source, such as insurance or worker's compensation, then get a settlement or judgment in the case which includes payment for the same costs, the entity which paid you the first time (e.g. the insurance company) is allowed to be reimbursed by you for the amounts they paid. That way, you don't receive double payment for the same cost(s). If you don't voluntarily repay, they could sue you for the money. So to the extent the settlement covers the same costs or things that you were paid by worker's comp, you have to repay it.
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