Legal Question in Workers Comp in California
How do you find out how much a workers comp claim is for? Case was filed in 2007 and so far nothing much seems to have occurred aside from the case filing. Also, there are alot of lien claimants. Is there a way to find out how much each lien is for? We are looking to file a lien as well and are wondering whether it is worthwhile.
1 Answer from Attorneys
How much the 'claim is for' has nothing to do with collecting on a lien in Comp.
The Lien Claimants in Comp get paid separately from the worker... the worker does NOT pay a claimant out of their recovery (except for Child Support and Liens for Living Expenses).
No there is not a way to find out how much each lien is for.
If you provided services to the Injured Worker for his recovery from a work-related injury, you have a HUGE amount of regulations to follow, complete the lien as per those regulations, deliver it to the insurer with a demand for payment (wisely noting all those horrific regulations that apply), then file the lien at the WCAB.
It's 5 years post injury... you can file a Declaration of Readiness to Proceed to a Status Conference to see if the case is still active and if the matter is ready for a LIen Conference then a Lien Trial.
But first you have to be a party, an official (filed) Lien Claimant.
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