employers lien on employee third party case.

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employers lien on employee third party case.

why is the employer not seeking repayment from the third party rather than having a lien on the employee case which makes more for the employees lawyer to take more off the top of the settlement and employers lien then way less for the employee. the company i worked for let me go from my job, why would i give them legal help.

Asked on June 17, 2009 under Accident Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible that this could be justified if you got medical treatment or benefits from workers compensation, for the same injury as you're now suing a third party for, and your former employer is self-employed for workers compensation.  The employer probably couldn't sue the third party directly, because you're the one who was hurt.  The lien for the compensation benefits actually isn't at all unusual, although it's more usually held by an insurance company that paid the benefits.

To the extent that the third party is paying you for what you already got from the compensation benefits, the lien is only preventing you from a double recovery.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That is not a question that can be answered herein.  Not sure what you are seeking out of this. 

Please consult with a labor law attorney in your state by going to www.attorneypages.com and then checking his or her disciplinary record at www.calbar.ca.gov under attorney search.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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