Worker’s Compensation Lien Recovery

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The California Labor Code that pertains to Workers’ Compensation, states that the employer (i.e. the Workers Compensation Insurance Carrier) is responsible for the medical care and treatment of an employee’s work related injuries.

Disputes often arise as to whether or not the injury is work related. In such disputes, the employer refuses to pay for medical care and the employee’s Health Insurance Carrier is responsible for treatment until the dispute is resolved by the Workers’ Compensation Appeals Board (Silberg vs.California Life Ins., 1974.

Let Midas assist you in pursuing your lien rights for recovery/reimbursement of benefits you paid that were the employer’s responsibility.

Workers’ Compensation Short and Long Term Disability Lien Recovery

Disability insurance carriers may be able to recover payments against Workers’ Compensation disability benefits. If a Workers’ Compensation Claim is disputed, it may be awhile before the issues are resolved.  You would have made full STD/LTD payments. To recover overpayments, don’t rely solely on your contract language. 

The only way to be sure your rights are protected is to file a lien with the Workers’ Compensation Appeals Board. Midas Recovery Services has extensive knowledge of the California Workers’ Compensation system. Let Midas represent your best interests.

Submission Process

  1. Complete an Assignment Request Form (click here for document)
  2. Complete the Summary Sheet  (click here for document)
    1. Provider Name
    2. Dates of Service
    3. Amount of Bill
    4. Amount of Bills Paid by your company
  3. If immediately available, a copy of all bills paid relating to the injury/illness. If not immediately available, we will need this supportive documentation as soon as possible. In addition, if applicable – we will need the following info:
    1. Copy of Paid Claims
    2. UB-82/92 – Diagnosis
    3. Itemization of hospital charges
    4. Patient admittance form
    5. Pertinent medical info (e.g., Operative Report)
  4. If this case was discovered by your company, we need to know why you believe the injury is work-related. Please include:
    1. WCAB# or Employees Claim for Workers’ Compensation Benefits (DWC-1) Form
    2. Relative notes or completed questionnaire
    3. Names and address of the Employer
    4. Any attorney correspondence including Workers’ Compensation subpoenas.