In a situation where there is negligence or unseaworthiness, am I entitled to collect the basic benefits while my underlying claim for damages is being processed?
Yes, and your benefits cannot be withheld because you are exploring or proceeding with an additional claim for damages. If, however, you do recover damages through a negligence suit, and your employer has already paid some benefits for medical expenses and unearned wages, you cannot collect twice for the same medical bills and income loss.
Related Questions
- In a situation where there is negligence or unseaworthiness, am I entitled to collect the basic benefits while my underlying claim for damages is being processed?
- If my injuries are a result of negligence or unseaworthiness, what additional benefits may I be entitled to?
- Is an employee entitled to claim any benefits whilst receiving SMP?
