Can a Medical Lien Be Placed on My Workers’ Compensation Award in Florida?

Sustaining an injury at work can be incredibly complicated, especially if you have suffered a serious injury that leaves you with mounting medical bills. It’s imperative to understand, however, that you are likely eligible to file a workers’ compensation claim to recover compensation for the damages you’ve suffered, regardless of who is at fault. However, you should also understand how a medical lien placed on your workers’ compensation award can affect how much of the settlement you receive. The following blog explores what you should know about these matters, including the importance of connecting with a Florida workers’ compensation attorney to discuss your options and help you navigate these complicated issues.

What Is a Medical Lien?

When you are involved in an accident at work, it’s important to get the medical care you need. Often, for urgent injuries, going to your local emergency room for treatment is recommended. It should be noted, however, that in most instances, you must seek treatment from a doctor approved by your employer’s workers’ compensation insurer. Failing to do so can result in the denial of your claim.

In many instances, when you receive medical care, the hospital or your insurance company can place a lien on any future settlements you receive. This ensures that the hospital can recover the funds they are entitled to for the care provided, and your insurance company can be compensated for the bills they covered on your behalf. Once the hospital or your insurer has been paid, you will receive the remainder of the settlement.

Will Workers’ Compensation Cover My Medical Care?

When you are injured while at work and performing work-related duties, regardless of who is technically at fault for the injuries you’ve suffered, workers’ compensation will cover the cost of your care, while providing you with a portion of the wages you’ve lost as a result of the injury.

Workers’ compensation is important because it helps employers avoid lawsuits from injured employees while ensuring that injured workers can receive the compensation they need to help them through their injury.

Can a Lien Be Placed on My Workers’ Compensation Award?

In general, a lien can be placed on your workers’ compensation award, especially if your insurance company covered the cost of your medical bills while you were navigating a delayed or denied claim. Unfortunately, if you have an ERISA-eligible health insurance plan, it can override state laws. This means the insurance company may want 100% of the funds they paid, even if your settlement amount is much smaller. Because this is federal, this can be difficult to fight.

Typically, a hospital or provider is responsible for billing the workers’ compensation insurer directly, not the patient. However, if there are delays, such as a denied claim or emergency treatment, the hospital may place the lien before the workers’ compensation insurer has the chance to pay the claim.

As you can see, navigating a workers’ compensation claim when a lien has been placed against any compensation you recover can be incredibly difficult to navigate. That is why it is imperative to connect with an experienced attorney with the Law Firm of Kevin A. Moore. Our team understands how complicated these matters are to navigate, which is why we will do everything in our power to help you recover the compensation you deserve. When you need help, contact us today.