Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Ohio, the Bureau of Workers’ Compensation (BWC) or a private workers’ compensation insurer has a statutory lien against any third-party recovery after a work-related injury, per ORC §4123.93 and §2307.28. You must verify and satisfy this lien during or after your personal injury settlement to avoid future claims or penalties.
1. Identify the Potential Lien
Contact the BWC or your private workers’ compensation insurer early. Request a formal lien estimate or “pre-lien” letter using BWC form C-860 (download PDF). This document outlines compensation paid and medical expenses covered.
2. Verify the Lien Amount
Review the lien estimate for accuracy. Compare it with your records of benefits paid, medical treatment bills, and related expenses. If you spot discrepancies, gather supporting documentation—such as medical invoices or benefit statements—and submit them to the BWC or insurer for adjustment.
3. Negotiate the Lien
Ohio law allows limited negotiation of the lien amount. You may apply for a lien reduction under ORC §4123.93(D) if payments exceeded your actual impairment or if there’s a dispute over medical charges. Present a detailed breakdown of attorney fees and case expenses to support your request.
4. Satisfy the Lien at Settlement
Incorporate lien payment into your settlement documents. Issue a check payable to the BWC or insurer for the agreed lien amount. Include a copy of the settlement agreement and any required release forms. Send these materials to the lien department at the address listed on the lien estimate.
5. Obtain a Lien Release
Once payment clears, request a formal Lien Waiver or Release. This document confirms the lien is fully satisfied and prevents future claims. File the release with your case records and provide a copy to the court or claims administrator.
Helpful Hints
- Ask for the pre-lien letter well before settlement negotiations.
- Keep detailed records of all workers’ comp benefits and medical bills.
- Confirm the lien release is on official BWC or insurer letterhead.
- Allocate attorney fees and costs accurately when negotiating reductions.
- Consult with a workers’ compensation attorney if disputes arise.
- File all correspondence and proof of payment promptly.
- Review ORC §4123.93 and §2307.28 for complete statutory language.