Q: a workers comp lien applies primarily to the insurance carrier if they never settled?
or to the employer?
A: The carrier. They want their money back (or a percentage of it) from your award. It sounds like you have a third-party personal injury action. Your employer is not likely to be asserting a lien. But check with your attorney for definitive guidance based on your situation. Good luck
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A: Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially in situations where a third party is responsible for the injury. The employer is typically not directly involved in these liens unless they are self-insured for workers' compensation purposes. In cases involving self-insured employers, they would assume a role similar to that of an insurance carrier with respect to the lien. It's essential to navigate these matters with attention to the specific details of each case.
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