Paramount, CA asked in Wrongful Death and Workers' Compensation for California

Q: What should you do if workers comp has a lien on your file and is haulting your lawsuit even though the claim was denied

I was in an automobile accident and workers comp only accepted my neck and shoulder. My hip was also fractured but they denied that portion. I was taken off from work because of my hip and had to have surgery all through my own insurance. I sued for lost of wages because of my hip but now there’s a hold up since workers comp has a lien but I don’t understand. They didn’t pay for my hip surgery nor lost of wages and that’s what I sued for.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Your attorney should be answering these questions and/or challenging the workers compensation lien in court.

Gerald Barry Dorfman agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered

A: You need to sit down with your attorney. Part of the problem is the way the California lien law was written. It's up to you and others to tell your state legislators all it does is make a freebie for insurance companies when the injured person is the person who needs to be compensated.

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