Columbus, IN asked in Car Accidents, Employment Law and Personal Injury for Indiana

Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

3 Lawyer Answers
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for the federal district court. You need to prepare a separate demand for each matter.

Your demand to the adjuster or the matter pending before the board is little more than exercising arithmetic. Dr. would have assigned a permanent partial impairment rating (PPI). With very rare exception, that number will be multiplied by the statutory rate in effect at the time of your injury. End of discussion. Worker's Compensation liens are handled very unevenly. Some adjusters will agree to radical reductions or waive the lien, entirely while other adjusters will absolutely refuse to budge.

Your demand to the adjuster on the third-party claim would list all of the medical care to received, the value of any lost wages, and the value of your wage differential in the event that your injury reduces your income.

Please do not misunderstand. No matter how intelligent or how articulate you may be, it is simply not possible for you to be completely familiar with all relevant statutes or for you to appreciate the nuanced dynamics. If you are doing this on your own, please do yourself a favor and consult a local professional. If you have further questions, you're welcome to address those to me without cost or obligation, by email, at cjc@candiano.pro.

1 user found this answer helpful

James Avery
James Avery
PREMIUM
Answered
  • Personal Injury Lawyer
  • Denver, CO
  • Licensed in Indiana

A: The lien includes any damages that were recoverable against a third party, whether asked for or not, and paid by W.C.

Jonathan Armiger
Jonathan Armiger
PREMIUM
Answered
  • Personal Injury Lawyer
  • Fishers, IN
  • Licensed in Indiana

A: I would also recommend that you contact an attorney familiar with worker's compensation and third-party claims. However, you can view one of the applicable Indiana code sections by visiting this website: http://iga.in.gov/legislative/laws/2019/ic/titles/022#22-3-2-13. Indiana Code 22-3-2-13 provides that worker's compensation liens be reduced by a pro-rata share of costs and expenses in procuring a third-party settlement and attorney's fees (25% pre-suit, 33 1/3% after filing suit).

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