State Office of Risk Mgmt. v. Carty: Workers' Compensation Death Benefits and Third-Party Settlements
Our workers' compensation attorneys know that a wrongful death settlement is typically a complex undertaking, which can lead to further litigation when an insurance carrier demands to be reimbursed for benefits already paid. When those benefits were paid under a workers' compensation claim, it can become even more complex.
State Office of Risk Management v. Carty, shows us just how complicated matters can become.
In State Office of Risk Management, Jimmy Carty was participating in training in Texas when he died. His wife and three young children survived Carty. In Texas, the State Office of Risk Management ("Risk Management") serves as the workers' compensation insurance company that covers all state employees. Risk Management paid for Carty's medical bills and funeral expenses. Risk Management also paid workers' compensation in the form of death benefits to Carty's wife and children.