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Did You Know Liens Can Affect Workers’ Comp?

Many injured workers in Nebraska are surprised to learn that even though their workers’ comp claim was successful, there are liens placed against it.

Being successful in a workers’ compensation claim is sometimes challenging. Often, injured workers are relieved to find out that they are going to receive the benefits they need, only to learn that there is a lien associated with their claims. So, what are these liens, and how might they affect your claim?

Medicare and Medicaid Claims

Sometimes, workers do not receive their workers’ compensation settlement right away and so, they rely on services such as Medicare and Medicaid to claim the benefits they need to help with medical expenses. When this is the case, the workers’ compensation insurance company is required to report the injuries claimed in a workers’ compensation case to Medicare and Medicaid.

When the injuries claimed in the workers’ compensation case match those that Medicare or Medicaid paid for, those expenses must be considered before any settlement is reached.

Third Party Personal Injury Lawsuits

In some cases, an injured worker is eligible to file a third-party personal injury lawsuit in conjunction with a workers’ compensation claim. A third-party injury claim is one that allows injured individuals to claim compensation when someone not connected to their employer causes their injuries.

For example, if a sales representative’s job is to drive from place to place making sales, they may get into an accident that was the fault of a negligent driver. The sales representative can file a third-party injury claim against the negligent driver, but because they were performing duties for their job, they may also be able to file a workers’ compensation claim. In some cases, the workers’ compensation insurance provider can place a lien on any compensation assigned to the victim in the personal injury lawsuit.

Child Support

When an injured worker petitions the court to claim workers’ compensation benefits and is also behind on child support payments, a lien can be placed on the workers’ comp claim. Child support liens can take up to 50% of any workers’ compensation benefits due and owing.

Our Nebraska Workers’ Compensation Lawyers can Help You Understand Your Claim

Claiming workers’ compensation can become confusing in many ways. Liens are some of the most confusing parts of the process. In addition to the different liens mentioned above, a lien can also be placed on workers’ comp claims for health insurance, attorney’s fees, and more. These are complex issues for many injured individuals, but an Omaha workers’ compensation lawyer can help you understand them.

At Andres Law Offices, PC, LLO, we understand the workers’ compensation system in Nebraska, and we can help you navigate through it. After reviewing your claim, we will devise a strategy to help ensure you receive the benefits you need, and tell you of other factors, such as liens, that may affect your case. Call us today at (402) 491-4003 or contact us online so we can start reviewing your claim.