The Workers’ Compensation Lien
When an injured worker files a legal claim against a third party, his or her workers’ compensation insurance provider may also want to be compensated. If so, they have the option of filing a lien on the third party lawsuit. If the worker receives any damages for the injury, some of them will be used to repay the insurance provider for the cost of his or her care.
If you are involved in third party litigation for a workplace injury, you need to know what a workers’ compensation lien could mean for your case. To discuss your situation with an experienced Des Moines workers’ compensation litigation lawyer, call LaMarca Law Group, P.C. at 877-327-2600.
Filing a Workers’ Compensation Lien
If you decide to file a lawsuit against a third party that caused you to suffer a workplace injury, you must notify your employer within 10 days. Your employer and/or their workers’ compensation insurance provider then have the option of filing a lien in the court where your case is being processed. Even if you fail to notify your employer of your lawsuit, the option still remains once they find out.
The purpose of a lien is to compensate workers’ compensation providers for the cost of any benefits you have received, often with interest. If your employer files a lien on your lawsuit, they will likely contact your attorney to discuss the amount of the lien. An experienced Des Moines workers’ compensation attorney will be able to negotiate with your employer to make sure the lien is fair to you.
When liens are set for large amounts, some injured workers will decide that pursuing legal action is not worth the amount they would receive. When this happens, however, employers and insurance providers have the option of filing their own lawsuits on behalf of the injured workers. This is known as subrogating the employee’s right to sue a negligent third party.
The laws governing injury damages and liens can be very complicated, and every case is different. If you are concerned that your employer might file a lien on your third party lawsuit, you need to discuss the matter with an informed Des Moines workers’ compensation lien attorney.
A workers’ compensation lien can put a large dent in the amount of compensation you receive for an injury, especially if it is not well negotiated. To make sure your rights are protected, contact the Des Moines workplace accident lawyers of LaMarca Law Group, P.C. at 877-327-2600.