Key takeaways
A lien or subrogation issue can change the net value of a third-party recovery and how settlements are coordinated.
Records to put together
- Workers comp payment ledger
- Third-party claim documents
- Lien/reimbursement notice
- Proposed settlement distribution
Questions to verify
- Who claims reimbursement?
- What benefits are included?
- What state formula or approval rule applies?
- How are attorney fees/costs allocated?
Important caution
Do not settle a third-party case without identifying workers’ compensation reimbursement rights.
When a lawyer consultation may help
- A deadline, hearing, denial, or benefit change is close or disputed.
- The medical evidence and the insurer/employer position conflict.
- Permanent restrictions, settlement, third-party liability, employment status, or retaliation may affect the file.