On March 9, the Alabama Court of Civil Appeals addressed the priority of workers’ compensation liens in personal injury claims. Generally, workers’ compensation liens have priority as to the funds received from any personal injury settlement or judgment.
This decision is no surprise. It is not really a new development in the law. The priority of workers’ compensation liens is an issue that attorneys handling workers’ compensation and personal injury claims deal with frequently. I have written previously on the topic of how a workers’ compensation lien can impact your personal injury claim. In one earlier post, I provided four tips when dealing with these liens in your personal injury case. The impact of these liens can present significant issues. It’s important to have legal counsel that is experienced with this specific area of the law.
In prior jury trials, I have even utilized the workers’ compensation adjuster as one of my key witnesses. In post-trial discussions with those jurors, I have found that this testimony concerning various costs of medical and disability benefits made a very positive impression. The following is my prior post with some advice in this area of the law:
The March 9 decision from the Alabama Court of Civil Appeals can be read here:by Jeff Blackwell