When handling a personal injury case involving a workers’ compensation lien, many attorneys simply present the lump sum of the lien to the jury and hope for the best. However, as SHK Law partner Adam J. Savin explains in his article here in Advocate magazine, this approach can lead to missed opportunities and potential jury confusion.

In “Trial strategies with a workers’ comp lien,” Adam outlines three common scenarios involving workers’ compensation liens in civil trials and provides practical strategies for maximizing recovery in each situation. Drawing on his extensive experience in personal injury and workers’ compensation law, Adam offers valuable insights for navigating the complexities of these cases.

Key strategies discussed in the article include:

• Breaking down the lien into familiar categories (e.g., past medical expenses, loss of earnings) and presenting them as typical damages rather than as a workers’ compensation lien.
• Leveraging the primary treating physician’s testimony to establish the basis for off-work periods and support loss of earnings claims.
• Obtaining the full billing records from medical providers to identify additional unpaid expenses beyond the amounts listed in the lien.
• Pursuing actual loss of earning capacity claims rather than relying on the permanent disability indemnity amounts provided by workers’ compensation.
• Aligning with skilled intervenor attorneys when the employer files a complaint in intervention.
• Understanding the implications of lien assignments to third-party defendants or plaintiffs.

Adam also discusses the impact of employer negligence on lien recovery, including strategies for litigating this issue before or after the resolution of the third-party claim.

At SHK Law, our attorneys have the knowledge and experience to effectively handle personal injury cases involving workers’ compensation liens. We understand the nuances of these cases and work tirelessly to maximize our clients’ recovery. If you have been injured on the job and are pursuing a third-party claim, click the link below for a free consultation. We are here to fight for your rights and ensure that you receive the full compensation you deserve.