What Is a Workers’ Compensation Lien?
What is a workers’ compensation lien (or subrogation)? This kind of subrogation allows your employer or an insurance company to demand funds back from you after an accident caused by a third party.
Workers’ comp subrogation in Louisiana may only impact your claim if someone besides your employer caused your injuries. You can learn more about this legal process and how it can impact you with a Lafayette workers’ compensation lawyer from our team at Laborde Earles.
We’re ready to answer your questions when you call or fill out our online contact form.
What’s a Workers’ Comp Lien (or Subrogation)?
A workers’ comp lien (or subrogation) is a request from your employer to take compensation provided to you by a third party after a workplace accident. Generally, we use the term subrogation more often in Louisiana.
What Situations Lead to Workers’ Compensation Liens?
The Louisiana Workforce Commission handles the state’s workers’ compensation system. This system allows you to request compensation from your employer or their insurance company after a workplace accident.
However, in some cases, a Lafayette personal injury lawyer may find that a third party caused your accident at work. Third parties can include equipment manufacturers, property owners, and other people associated with your job.
Lawyers look for potentially liable parties by investigating on-the-job accidents. Your lawyer may:
- Interview all eyewitnesses
- Visit your jobsite to see where your accident occurred
- Look for surveillance footage or photos of the accident
- Work with workplace accident experts
You can file a lawsuit against third parties responsible for workplace accidents. You may face a workers’ compensation lien if the court finds the third party accountable and your employer already paid workers’ comp benefits.
What Funds Does Your Employer Take Through Subrogation?
Let’s say that you experienced an injury at work in Louisiana. You filed a workers’ comp claim after the accident, and your employer’s insurance company began providing you with compensation for your healthcare costs and a percentage of your lost pay.
However, your lawyer later discovered that a third party caused your injuries and filed a successful lawsuit. You have already received compensation for some of your financial losses.
In this case, your employer has a chance to file a subrogation to get back the money provided through workers’ compensation.
Do You Lose Money Through Workers’ Comp Liens?
You should still get fair compensation for your losses if your employer files a subrogation lien. You keep the funds you initially received through workers’ comp benefits, and your employer requests repayment from the party responsible for your losses.
However, the third party may attempt to resist these payments, complicating your claim. A workers’ compensation lawyer can stand up for you in this situation, discussing options that can make the process less stressful.
We’ll answer any questions you have about workers’ comp liens and detail your options if a lien could become a factor in your claim.
What Compensation Can You Get After a Workplace Accident?
What benefits might you recover in a workers’ compensation claim? Your attorney may help you secure compensation for your:
- Emergency medical expenses
- Time in a hospital or another medical facility
- Prescription medications
- Physical therapy and rehabilitation
Workers’ comp benefits can also cover a percentage of your lost wages. However, a third-party lawsuit may provide additional compensation. For example, a lawsuit may bring you funds for all your lost pay, lost earning potential, pain, and emotional anguish.
Therefore, your lawyer may recommend filing a lawsuit even if it means that your employer may get some of the compensation through a lien.
When Do You Get Compensation if Your Employer Requests a Lien?
You’ll get your initial workers’ comp benefits after filing a claim. Generally, you’ll receive these benefits long before the resolution of a personal injury lawsuit. After resolving the claim, you’ll only get additional compensation after your employer receives funds for a lien.
Your lawyer will actively work to expedite this process so you can receive your compensation in a timely manner.
Remember that you have a limited amount of time to file a personal injury claim after a workplace accident in Louisiana. You need to move forward with your case before the statute of limitations expires to seek compensation using this method.
Learn More About Workers’ Compensation Liens
What is a workers’ compensation lien? Basically, this kind of lien is a request from your employer for reimbursement for paid workers’ comp benefits if a third party caused your accidental injury.
You can learn more about this legal process and its potential implications on your case by contacting our team at Laborde Earles. We’ll answer all your questions and guide you through the legal process. Call or complete our online contact form to learn more.
