Can A Lien Be Placed On Workers Compensation
Funds In Your State?

Mar 16, 2010

Most people work hard at their jobs, spending all day trying to do their best to complete their assigned tasks. While some people work just for a paycheck, a lot of people take pride in their jobs and really want to do the best they can. Coming along with that is the desire to be as safe as possible at work, following all the proper safety precautions and concentrating on the job. However, despite your best intentions to be safe, the workplace can be a place that leads to injury. Some jobs, like construction for example, are highly dangerous and can result in injury from accidents or someone else’s negligence. Even office jobs, however, can result in workplace injury.
Following a workplace injury, the injured person is normally upset or angry that the place that they gave years of service to may not be very willing to help them in their time of need. Even if the injury happened at work, it can be difficult to get time off, let alone compensation for your injuries. While many companies have departments set up to deal with workers compensation claims, that does not mean that they are willing to hand over money to you without a struggle or that the process will run quickly or smoothly. Often you can wait quite a long time for the money you are entitled to receive actually ends up in your bank account.
A lot of workers who are waiting for their valid workers compensation money to arrive have found a way to get the money they need a bit sooner. In certain states, a lien can be placed on workers compensation claims. What this can mean for you is that if you find a company willing to work with you, you can get the money for your injuries now, have a lien placed upon your claim by the company, and then when the claim is paid by your employer, the company with the lien can then get reimbursed. It saves you having to wait for the money you may need to pay for physical or occupational therapy, or to pay medical bills that resulted from the injury. If you haven’t been able to work at all since the injury, you also likely need money to pay for other expenses, such as your mortgage and utility bills.
It is important to keep in mind, however, that this procedure is not available in all states. Each state has its own statutory scheme for dealing with workers compensation claims and the rules can vary greatly from state to state. Typically, the statutes were created by the lobbying of interested parties on both sides: generally employers of large companies and unions. Depending on the success of the various lobbies in your state, you may have stricter laws than in another state.
If you are interested in learning whether your state allows for liens to be placed in workers compensation cases, you should visit the Lawsuit Hotline website at There you can learn about which states allow this process. Hopefully, your state will allow a lien to be placed on your workers compensation claim and you can get your money sooner.