Most people with job injuries think along these lines. First, there’s the issue of authorized medical care. Next, you want to make sure you are paid temporary disability benefits for the time you miss from work. Lastly, you may be entitled to an award for some portion of permanent disability. Would you be surprised to know that a lien can be asserted against these payouts?
Liens and Workers’ Compensation
The word “lien” is the legal term for a money hold on a case. Liens can be asserted against a property after a court judgment. There are also tax liens. For purposes of this discussion, we want you to be aware of what deductions can be made from your workers’ compensation case. We’ll break the down for you:
- Child Support Lien: Has a judgment for child support been filed against you? Are you behind on payments? According to the law found in NJSA 2A:17-56.23b, money may be held from your compensation award to bring you up to date. Child support liens are asserted against the net proceeds of the workers’ comp award. The term “net proceeds” is anything over $2,000 after certain deductions. Some examples of money that comes from the gross payment include “attorney fees, witness fees, court costs, and fees for health care providers. “ Reimbursement to Medicaid and other disability payment reimbursement also count as net deductions.
- Medicare and Medicaid Liens: If either Medicare or Medicaid afforded medical bill payment, they are entitled to repayment. An experienced workers’ compensation attorney will review the payments made by the government insurers as they relate to treatment of your injuries.
- Third Party Claims: Were you involved in a work-related accident that was a third party’s fault? For example, were you driving a school bus when another vehicle caused an accident? In this case, the workers’ compensation carrier has a right to assert a lien against the third party as described in NJSA 34:15-40. Your attorney can explain how the negligence lawsuit and workers’ compensation claim work together. Two-thirds of payments made by the compensation insurance company are subject to repayment.
Injured in a Work-Related Accident?
If you were hurt at work, the Law Offices of Anthony Carbone would like to assist you. We sympathize with your frustration and can help guide you through the process. Contact us to set up an appointment as soon as possible.