[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.attorneync.com\/blog\/what-is-workers-comp-lien\/#BlogPosting","mainEntityOfPage":"https:\/\/www.attorneync.com\/blog\/what-is-workers-comp-lien\/","headline":"What Is a Workers\u2019 Comp Lien?","name":"What Is a Workers\u2019 Comp Lien?","description":"If you receive workers\u2019 comp benefits and pursue a personal injury claim against the third party that negligently caused the work accident, the workers\u2019 comp insurance provider will make a claim against any settlement or court award you receive from the third party personal injury claim. A third party claim...","datePublished":"2023-07-17","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.attorneync.com\/blog\/author\/david-e-vtipil\/#Person","name":"David E. Vtipil","url":"https:\/\/www.attorneync.com\/blog\/author\/david-e-vtipil\/","identifier":43,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd1d6d59122afd68825d27e0180e27153eea947ba6867773ec0ed7d19a117755?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd1d6d59122afd68825d27e0180e27153eea947ba6867773ec0ed7d19a117755?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Younce, Vtipil, Baznik & Banks P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","width":390,"height":107}},"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2023\/07\/workers-comp-lien-scaled.jpg","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2023\/07\/workers-comp-lien-scaled.jpg","height":1707,"width":2560},"url":"https:\/\/www.attorneync.com\/blog\/what-is-workers-comp-lien\/","about":["Workers compensation"],"wordCount":947,"articleBody":"If you receive workers\u2019 comp benefits and pursue a personal injury claim against the third party that negligently caused the work accident, the workers\u2019 comp insurance provider will make a claim against any settlement or court award you receive from the third party personal injury claim. A third party claim involves a situation where someone other than your employer or co-worker negligently causes an accident which injures you.By filing a third-party claim, an injured worker may pursue compensation beyond what is available from workers\u2019 compensation benefits. But a lien could significantly reduce any recovery. This makes it important to weigh the potential benefit of moving forward with a third-party lawsuit based on a workplace injury.The\u00a0workers\u2019 compensation lawyers\u00a0at Younce, Vtipil, Baznik & Banks, P.A. are Board Certified in North Carolina workers\u2019 compensation law. We can help you understand the impact of a lien on your recovery and do the analysis to determine the most beneficial path forward for you.A third-party claim after a serious workplace injury can allow you to seek compensation to make you financially whole. When your employer\u2019s workers\u2019 comp insurer demands their share of any money you are awarded, it becomes more complicated. Contact Younce, Vtipil, Baznik & Banks, P.A., to discuss your options after a workplace injury. Contact us online\u00a0or at (877) 762-9071 for a free consultation.Understanding Workers’ Compensation LiensWorkers\u2019 compensation is no-fault insurance provided by employers to cover employees’ medical care and other benefits if they are injured on the job. Because employers in North Carolina are required to provide workers\u2019 comp coverage for most employees, workers who are hurt on the job are prohibited from suing their employers.But an injured worker may have a right to sue an individual or organization that caused the job-related injury, as long as it is not their employer or a co-worker. If a third party \u2013 a contractor or vendor on your worksite \u2013 did something careless to cause the accident that injured you, you might have a right to file a personal injury claim against them.Circumstances Leading to a LienFor example, let\u2019s say that you drive a delivery van for a business. While you are out making deliveries, another driver runs a red light and causes a crash. You are seriously injured in the collision and require hospital treatment. You are eligible for fully paid medical care through your employer\u2019s workers\u2019 compensation insurance for your injuries incurred on the job as well as partial replacement of lost wages. In addition, you may have the right to file a personal injury claim against the driver who caused your injuries. In the claim, you could seek compensation for medical costs, lost income, and for pain and suffering if the defendant\u2019s conduct caused your injury.If you pursue a personal injury claim and receive a settlement, the workers\u2019 comp insurance company that paid for your medical care and lost wages will seek to be reimbursed. A workers\u2019 comp lien allows the insurance carrier that paid your workers\u2019 comp claim to recoup its payout if you are awarded damages.North Carolina\u2019s Workers\u2019 Compensation Act (\u00a7 97-10.2(h)) says, \u201cIn any proceeding against or settlement with the third party, every party to the claim for compensation shall have a lien to the extent of his interest\u201d for payments made to a worker due to an injury.The statute requires that if there is a settlement or jury award in a third-party claim, after paying court costs and attorney fees, the next payment made is to reimburse the employer or workers\u2019 comp insurer for\u00a0medical expenses and wage replacement payments \u2013 the primary workers\u2019 comp benefits. Then the injured employee gets what is left.However there are ways to reduce or eliminate entirely the workers\u2019 comp lien and an experienced workers\u2019 compensation attorney can help you increase how much you receive.How We Can Help with a Workers\u2019 Compensation LienAs your attorneys pressing a third-party work injury lawsuit on your behalf, we\u2019ll be in touch with all parties and know to the penny what your injury has cost you. We\u2019ll work to make the figures balance in your favor. Our objective is to recover the maximum amount of compensation for you through your workers\u2019 compensation claim and a third-party claim.Why Choose Younce, Vtipil, Baznik & Banks, P.A.?After some workplace injuries, a third-party lawsuit can increase the amount of compensation you recover for your losses. But a workers\u2019 compensation lien\u00a0placed by your employer\u2019s insurer can reduce your recovery from a successful personal injury claim. When you work with the\u00a0North Carolina workers\u2019 compensation lawyers\u00a0at Younce, Vtipil, Baznik & Banks, P.A.,\u00a0you\u2019ll have experienced and Board Certified attorneys doing the calculations and seeking the best outcome for you.Contact Our North Carolina Workers\u2019 Compensation AttorneysIf you have a workers\u2019 compensation claim and a potential third-party lawsuit to accompany it, let Younce, Vtipil, Baznik & Banks, P.A. review your case and discuss your options. The initial consultation is free. There\u2019s no fee for any of our work unless we recover money for you. Contact us online\u00a0or at (877) 762-9071 today. If you have been injured on the job and need help obtaining workers\u2019 compensation benefits, let us help you explore the possibilities.About the AuthorDavid E. VtipilDavid Vtipil is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers' compensation. David E. Vtipil was selected by his peers for inclusion in the 21st Edition of The Best Lawyers in America\u00a0in the field of Workers\u2019 Compensation Law."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.attorneync.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is a Workers\u2019 Comp Lien?","item":"https:\/\/www.attorneync.com\/blog\/what-is-workers-comp-lien\/#breadcrumbitem"}]}]