I received Workers' Compensation benefits as a result of my injuries. Will I have to pay those benefits back if I am successful in a lawsuit against the person who negligently injured me?

The short answer is yes.  Both Virginia law and District of Columbia law require the repayment of Workers' Compensation.  Virginia Code ____ states ______.  D.C. Code _____ states _____.  There are two important factors to note, however.  First, you are often entitled to credits for the costs of hiring a lawyer to handle your negligence claim.  This credit takes into account the lawyer's fee and litigation expenses incurred in prosecuting your negligene claim.  Second, often times the Workers' Compensation repayment amount can be negotiated favorably.  You should therefore ask your attorney to help try to negotiate a reduction in the amount you owe.

Michael J. Shevlin
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Specializing in medical malpractice and serious personal injury cases since 1994.