Workers’ compensation has a lien on any personal injury claim that you pursue. Also, your employer can pursue these claims as well. Again, as I’ve been saying, the Virginia Workers’ Compensation Commission has to approve everything, including approval of third party settlements. Usually, what needs to occur is that the workers’ compensation carrier waive or reduce their lien and many times it’s conditioned upon the employee settling the workers’ comp claim as well. If the employee settles a third party personal injury claim without the knowledge and consent of the employer or workers’ compensation insurance carrier, he forfeits his right to further workers’ compensation benefits.
Injured Workers Law Firm 2016-10-30T13:43:17+00:00