When an injury involves both a workers’ comp claim and a third party

Some workplace injuries are caused by someone other than the employer — for example, a negligent driver in a work-related car accident, or a defective piece of equipment. In that situation, the injured worker may have both a workers’ compensation claim and a separate personal injury (third-party tortfeasor) claim, and the two are connected. The workers’ compensation carrier that pays benefits generally has a lien or subrogation interest in any recovery from the third party, meaning it may be entitled to be reimbursed out of the personal injury settlement. Coordinating these overlapping claims — and resolving the carrier’s lien — is a specialized and often decisive part of settling such a case, and it is an area where an experienced neutral who understands both systems adds particular value.