When an employee is injured on the job and a third party is responsible for the injury, the legal landscape can become complex. In addition to workers’ compensation benefits, the injured worker may have a viable third-party claim. Understanding the interplay between workers’ compensation liens, credit rights, and third-party settlements requires a deep understanding of the relevant laws and strategic considerations.

In his article “Workers’ compensation liens and credit issues” published in the March 2019 issue of Advocate magazine, SHK Law partner Adam J. Savin provides a comprehensive guide to understanding and resolving these intricate issues. Drawing on his extensive experience in personal injury and workers’ compensation law, Adam delves into the nuances of California labor laws and offers practical insights for attorneys handling these cases.

Key topics covered in the article include:

• The employer’s options for pursuing reimbursement from a third-party claim
• Resolving liens with fault-free employers
• The impact of employer fault on liens and credit rights
• Strategies for “settling around” the employer
• Conducting trials on the issue of employer negligence

Adam emphasizes the importance of carefully auditing workers’ compensation liens, understanding the distinction between liens and credit rights, and effectively negotiating with employers and their subrogation attorneys. He also discusses the application of the Common Fund Doctrine and the factors that determine an employer’s level of participation in the litigation.

Through numerous examples and scenarios, Adam illustrates how different settlement and trial outcomes can impact the distribution of funds and the employer’s right to reimbursement. The article serves as an invaluable resource for attorneys seeking to maximize their clients’ recovery while managing the complex interplay of workers’ compensation and third-party claims.

At SHK Law, our attorneys have the knowledge and experience to handle even the most complex cases involving workers’ compensation liens and credit issues. If you or a loved one has been injured on the job and a third party is responsible, contact our office today for a consultation. We are committed to fighting for the rights of injured workers and helping them secure the full compensation they deserve.