Atlanta, GA asked in Workers' Compensation and Personal Injury for California

Q: a workers comp lien applies primarily to the insurance carrier if they never settled?

or to the employer?

2 Lawyer Answers
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

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.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

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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