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  • Writer's pictureAdam Funk

Workers' Compensation Liens and Personal Injury Cases

Workers' Compensation Liens and Personal Injury Cases

If you have been injured on the job, you may be eligible for workers' compensation benefits. These benefits can help pay for your medical expenses, lost wages, and other costs associated with your injury. However, if you also decide to file a personal injury lawsuit against a third party who was responsible for your injury, the workers' compensation insurer may file a lien against your personal injury settlement or judgment.


A workers' compensation lien is a legal claim that the insurer has against the proceeds of your personal injury case. The lien is for the amount of money that the insurer paid out in workers' compensation benefits. The purpose of the lien is to ensure that the insurer is reimbursed for the benefits it paid to you, even if you are successful in your personal injury lawsuit.


The amount of the workers' compensation lien will depend on the specific facts of your case. However, in general, the lien will be for the full amount of the workers' compensation benefits that you received. This includes benefits for medical expenses, lost wages, and other costs.


If the workers' compensation insurer files a lien against your personal injury settlement or judgment, it will reduce the amount of money that you actually receive. For example, if you receive a $100,000 settlement and the lien is for $50,000, you will only receive $50,000 after the lien is paid.

There are a few things that you can do to minimize the impact of a workers' compensation lien on your personal injury case. First, you should talk to your attorney about the lien as soon as possible. Your attorney can help you understand the lien and how it will affect your case. Second, you should try to negotiate with the workers' compensation insurer to reduce the amount of the lien. Third, you should consider filing a separate lawsuit against the workers' compensation insurer to challenge the lien.

If you have been injured on the job and are considering filing a personal injury lawsuit, it is important to understand the impact of a workers' compensation lien. Talking to an experienced attorney can help you understand your rights and options.


Here are some additional things to keep in mind about workers' compensation liens:

  • The lien must be filed within a certain period of time after you receive your workers' compensation benefits.

  • The lien will be enforceable even if you are not successful in your personal injury lawsuit.

  • The lien can be reduced or extinguished if you can prove that the insurer acted in bad faith.


If you have any questions about workers' compensation liens, please contact an experienced attorney.

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