[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/pay-back-workers-comp-out-of-injury-claim\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/pay-back-workers-comp-out-of-injury-claim\/","headline":"Do I Have to Pay Back Workers’ Compensation Out of My Personal Injury Claim","name":"Do I Have to Pay Back Workers’ Compensation Out of My Personal Injury Claim","description":"If you were hurt at work, you could file a workers\u2019 compensation claim. But you may also file a personal injury claim if a third party caused your injuries. In Virginia, workers\u2019 compensation insurers have the right to be reimbursed from a third-party personal injury lawsuit for any benefits they paid. This right is called […]","datePublished":"2023-08-08","dateModified":"2026-04-02","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/#Person","name":"Marks & Harrison","url":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2023\/08\/injury-claims.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2023\/08\/injury-claims.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/pay-back-workers-comp-out-of-injury-claim\/","about":["Personal Injury","Workers' Compensation"],"wordCount":980,"articleBody":"If you were hurt at work, you could file a workers\u2019 compensation claim. But you may also file a personal injury claim if a third party caused your injuries. In Virginia, workers\u2019 compensation insurers have the right to be reimbursed from a third-party personal injury lawsuit for any benefits they paid. This right is called \u201csubrogation,\u201d outlined under Va. Code \u00a7 65.2-309.When you receive workers\u2019 compensation benefits after suffering a workplace accident and then pursue a personal injury claim against third parties at fault for the accident, you need to consult with a personal injury lawyer about your obligation to pay back workers\u2019 compensation benefits. An attorney can help you maximize your financial recovery from workers\u2019 comp and third-party personal injury claims.For example, your lawyer can help you negotiate a settlement of your workers\u2019 comp and third-party personal injury claims simultaneously. This may include reducing the employer\u2019s or workers\u2019 comp insurer\u2019s lien on your third-party personal injury recovery.When May I Receive Both Workers\u2019 Comp and Personal Injury Compensation?Workers\u2019 compensation is typically an injured worker\u2019s only remedy against their employer. But in some cases, an injured worker can pursue personal injury claims against third parties unaffiliated with the employer to recover compensation. Personal injury compensation provides some of the same financial benefits available under the workers\u2019 compensation system, including costs of medical treatment and lost income.For example, an employee in a motor vehicle accident while working can file a workers\u2019 comp claim with their employer to pay for reasonably necessary treatment and partial lost wage replacement. The worker can also file an auto accident claim against the driver who caused the crash to seek compensation for medical and rehabilitation expenses, costs of long-term care for disabilities, and full reimbursement of lost income or future earning capacity.What Is Subrogation?When an injured worker receives compensation in a personal injury claim, their employer or workers\u2019 compensation insurer usually has a right to subrogation. Subrogation entitles an employer or workers\u2019 comp insurer to reimbursement of benefits they paid to an injured worker. The reimbursement money comes from a settlement or judgment the worker obtained in a personal injury claim for their work-related injuries. Alternatively, the employer or insurer can take credit against future workers\u2019 comp benefits.In some cases, the insurance company with the right of subrogation might take over the injured party\u2019s personal injury claim against the third party. The insurer must hold any money that exceeds paid workers\u2019 comp benefits and reasonable legal expenses incurred for the injured worker. The insurer must also get approval from the injured worker and the Virginia Workers\u2019 Compensation Commission before settling a subrogated personal injury claim.If the injured worker pursues a personal injury claim, they must provide their employer or workers\u2019 compensation insurer with notice of the claim. The employer or insurer may also have the right to approve any proposed settlement of the third party.Accident victims cannot obtain a \u201cdouble recovery\u201d for any loss they incur due to an accident. Subrogation ensures that an injured worker doesn\u2019t receive medical benefits or lost wages from both workers\u2019 comp and a personal injury claim. Through subrogation, the party at fault for injuring the worker \u2013 not the worker\u2019s employer \u2013 bears financial liability for the worker\u2019s losses.Will I Have to Pay Back All of My Workers\u2019 Compensation That Was Paid to Me?Yes, except to the extent that your own insurance carrier paid you for your personal injury claim (i.e., uninsured or underinsured motorist coverage). To the extent that you must reimburse your employer or the workers\u2019 comp insurer for past benefits, you may have several alternatives.After recovering compensation from a third-party personal injury claim, you will first deduct your legal fees and expenses. Then at least some portion of the remaining amount will likely be used to pay back the workers\u2019 comp benefits you received. In some circumstances, however, you would only need to reimburse the insurer on a pro rata basis from the personal injury recovery, but then your future workers\u2019 comp benefits would be reduced on a pro rata basis until the full amount has been recouped.Alternatively, you might reach a global settlement with your employer and the third party at fault for your work injury to settle both your workers\u2019 comp and personal injury claims. With this option, your employer may receive a portion of your personal injury compensation in exchange for releasing you from any further liability for the workers\u2019 compensation lien.Is There a Statute of Limitations on Subrogation Claims in Virginia?When an employer or workers\u2019 comp insurer pursues a subrogation claim by taking on an injured worker\u2019s third-party personal injury claim, they must follow the same statute of limitations that applies to the worker\u2019s injury claim. Under Va. Code \u00a7 8.01-243, Virginia\u2019s statute of limitations on injury claims requires filing a lawsuit within two years after the worker suffers an on-the-job injury due to a third party\u2019s fault.Va. Code \u00a7 65.2-310 also states that when an injured employee files a personal injury lawsuit against a third party, the court must first notify the employee and employer. They will then calculate the workers\u2019 comp benefits paid by the employer or its insurer. After deducting the worker\u2019s share of legal fees and expenses, they will require the liable third party to pay the employer out of the judgment.Contact a Virginia Personal Injury LawyerWhen you\u2019ve suffered an injury at work due to a third party\u2019s negligence, you must understand your legal options for obtaining financial recovery from workers\u2019 comp and a potential personal injury claim. To learn how personal injury compensation might affect your workers\u2019 comp benefits, contact Marks & Harrison today for a free, no-obligation consultation and speak with a Virginia personal injury lawyer about your rights."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Do I Have to Pay Back Workers’ Compensation Out of My Personal Injury Claim","item":"https:\/\/www.marksandharrison.com\/blog\/pay-back-workers-comp-out-of-injury-claim\/#breadcrumbitem"}]}]