employers lien on employee third party case.
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employers lien on employee third party case.
why is the employer not seeking repayment from the third party rather than having a lien on the employee case which makes more for the employees lawyer to take more off the top of the settlement and employers lien then way less for the employee. the company i worked for let me go from my job, why would i give them legal help.
Asked on June 17, 2009 under Accident Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It's possible that this could be justified if you got medical treatment or benefits from workers compensation, for the same injury as you're now suing a third party for, and your former employer is self-employed for workers compensation. The employer probably couldn't sue the third party directly, because you're the one who was hurt. The lien for the compensation benefits actually isn't at all unusual, although it's more usually held by an insurance company that paid the benefits.
To the extent that the third party is paying you for what you already got from the compensation benefits, the lien is only preventing you from a double recovery.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
That is not a question that can be answered herein. Not sure what you are seeking out of this.
Please consult with a labor law attorney in your state by going to www.attorneypages.com and then checking his or her disciplinary record at www.calbar.ca.gov under attorney search.
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