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Credit Rights in Oakland, CA

What are credit rights?

If you have decided to pursue a workers' compensation case and a personal injury claim for your workplace accident, having the help of a qualified Oakland attorney is one of the only ways to ensure that you will receive the maximum amount of compensation available for your cross over case.

It can be overwhelming to try and navigate the complexities involved with a cross over case, and you will benefit from the guidance of a legal professional who is experienced in both personal injury and workers' comp law.

When you chose to pursue a third-party claim, your workers' comp carrier will have a right to claim a lien on the compensation that you recover from the third party. The liens process involves a claim where the workers' comp carrier can get their money back after you have recovered compensation through a personal injury claim. However, it is important to realize that the workers' comp carrier also has the right to claim credit for the money that you have won from the third-party. This credit acts as a deductible against benefits that will be paid to you, the injured worker, and you will not be able to attain additional workers' comp benefits until you have used up the full credit.

This deters your ability to recover the full compensation and benefits available under the law, and the only way to keep this from happening is to time both cases correctly. The timing of the personal injury settlement in relation to the status of the workers' compensation case is of utmost importance, and a lawyer from The Law Offices of Jonathan M. Brand can help you with this delicate process.

The firm has over two decades of experience helping injury victims in Oakland and the surrounding areas, and they know the legal strategies that are most effective in recovering the compensation you need. Contact us today for your free consultation!

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