I am a over the road truck driver, and I was rear ended by another commercial vehicle in Indiana. My workers comp is out of

The workers compensation insurer will have a subrogation interest with respect to your third party claim against the other driver. You should consult with an Indiana attorney to address this issue.

In most states, worker's comp has a lien on what they pay against third party recoveries. It may be possible to negotiate this lien. Talk to an Arkansas injury lawyer. Most offer free consultations.

This is a remarkably complicated question due to the choice of law issues. Virtually all 50 states provide for some form of workers' compensation subrogation. The question in your case is which state's workers' comp subro law applies, Arkansas or Indiana. This can make a very significant difference in your net recovery. There is law in Indiana to indicate that Indiana would apply its own workers' compensation subrogation law, if the matter were decided in court, even though comp has been paid under Arkansas law. (See Lutz v. Demars, 559 N.E.2d 1194 (Ind.App. 1990). I believe it would be in your best interest to consult with a capable Indiana attorney who handles both personal injury claims and workers' compensation claims. Good luck.

Don't let this prevent you from having a personal injury lawyer pursue maximum money from the driver who hit you.

You should consult with a lawyer in Arkansas. Go to the "find a lawyer" tab and look for a lawyer to talk with.

Yes, workers comp will likely have a right of reimbursement/subrogation. However, most WC carriers will negotiate with you and reduce the amount that you must pay back from the settlement. Keep in mind that WC will also likely have a right of reimbursement for FUTURE benefits that are reasonably expected to be paid out as a result of the accident as well.