Will my benefits from worker's be stopped if I have an attorney make a claim against the person who injured me while I was on the job?
No. You may receive worker's compensation benefits while seeking a recovery from the non-employee, what is often referred to as a third party. This will not stop, delay or otherwise interfere with your current receipt of L&I benefits. When the third party claim is settled or a judgment is obtained you may experience an interruption or stoppage of your benefits if the third party recovery is greater than the costs, attorney fees, the 25% of the balance paid to you regardless of the amount of the recovery, and the L&I lien. However, in those cases where you are left with funds above and beyond all claims against your recovery and above the first 25% paid to you, you merely substitute those funds recovered from the third party for your L&I benefits. If the surplus funds(funds paid to you after the 25% and after payment of all litigation expenses and the Department lien) are consumed at a rate similar to the L&I benefits, then when exhausted you will again receive L&I benefits unless the third party recovery is greater than those benefits paid by the state.
