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
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 firstname.lastname@example.org.
1 user found this answer helpful
A: The lien includes any damages that were recoverable against a third party, whether asked for or not, and paid by W.C.
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).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.