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How to Pursue Statutory Right to Reimbursement of Workers' Compensation Benefits

By Michael Fish, Attorney, and Kenneth Murray, Law Clerk, Fish-Nelson, LLC, Birmingham, AL

In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover the benefits it pays out to the worker from the responsible third party.  For example, if a delivery worker injures himself during the course of a delivery on a third party’s property because of the third party’s negligence, the worker will have a workers’ compensation claim and a claim against the third party pursuant to Alabama Code § 25-5-11.  The workers’ compensation carrier has a statutory right to reimbursement of all indemnity and medical benefits paid to the worker in the event of a recovery against a third party.  Continue >>