by KYW's Amy Feldman

Wal-Mart is facing something of a public relations disaster over a lawsuit it filed against a former employee, Debbie Shank.  Ms. Shank was badly hurt when she was hit by a truck, and her medical benefits—which totaled more than $400,000 were initially paid by her employer—Wal-Mart’s health plan.  But after she won a lawsuit against the trucking company that caused her injuries, Wal-Mart sued her to get back the money it put out for her medical bills.  Can they do that legally? 

In an accident, more than one insurer may be responsible to cover the party’s injury.  In Ms. Shank’s case, her own health insurance put out the money but ultimately the trucking company’s accident insurance paid for her injuries.  So her health plan—which is required to protect its assets so that it has the funds to pay for others in the plan—may sue to recoup money it put out if the money is later collected from another party.  Check your own benefits policy to understand what you could be liable to pay back—then purchase additional insurance for disability or other benefits if need be to make sure you are adequately covered.