What steps are needed to verify and satisfy a workers’ compensation lien on a personal injury settlement in New York?

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Detailed Answer

When you settle a personal injury claim after a work-related accident, New York’s Workers’ Compensation Law gives the insurer a right to reimbursement or subrogation. You must confirm and resolve any lien before distributing funds.

  1. Identify the Workers’ Compensation Lien

    Request a lien statement from the New York State Workers’ Compensation Board (WCB). This statement lists payments made for medical care and lost wages, plus interest or costs.

  2. Review Statutory Authority

    Workers’ Compensation Law (WCL) §25-a grants the insurer subrogation rights. WCL §29(6) requires you to notify the Board and pay the lien within 30 days of settlement. (WCL §25-a; WCL §29.)

  3. Verify Lien Amount

    Compare the board’s lien statement against your client’s file. Check for duplicate charges, credits, or non-compensable expenses.

  4. Negotiate Discrepancies

    If the statement contains errors, send a written dispute to the WCB and opposing counsel. Provide documentation supporting your position.

  5. Include Lien in Settlement Documents

    Draft the stipulation or judgment of settlement to allocate a portion of the recovery for the lien. Cite WCL §29(6) and reference the WCB file number.

  6. Notify the Board

    Within 30 days of settlement, file Form C-3.1 or C-3.2 with the WCB to report the third‐party recovery. Include a copy of the stipulation.

  7. Pay the Lien

    Submit payment directly to the WCB or the carrier, as instructed. Use a certified check or electronic transfer and attach the lien statement. Keep proof of payment.

  8. Obtain a Release

    After payment, request a partial or full release from the WCB. Keep the release in your client’s file.

Helpful Hints

  • Order the lien statement early to avoid delays.
  • Track the 30-day deadline in WCL §29(6) to avoid penalties.
  • Ensure settlement papers clearly allocate funds for the lien.
  • Consider a joint check payable to both the claimant and the Board.
  • Keep detailed records of all communications with the WCB.

Disclaimer: This article provides general information under New York law. It does not constitute legal advice. Consult an attorney for guidance on your specific case.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.