In cases involving serious and catastrophic injuries, which are fairly common in construction accident cases, the liens can be substantial. Moreover, while workers’ compensation carriers are often willing to compromise their liens as part of settlement efforts, high-value liens often present a significant hurdle when it comes to settling claims. (Credit: danielfela/Shutterstock.com) In cases involving serious and catastrophic injuries, which are fairly common in construction accident cases, the liens can be substantial. Moreover, while workers’ compensation carriers are often willing to compromise their liens as part of settlement efforts, high-value liens often present a significant hurdle when it comes to settling claims. (Credit: danielfela/Shutterstock.com)

Attorneys who prosecute and defend bodily injury actions in New York are well aware of Workers’ Compensation Law §29(1) and the ever-present impact of the liens that it creates on any potential settlement or recovery for plaintiffs who are injured while in the course of their employment.

However, many attorneys who litigate legal malpractice claims arising from another attorney’s mishandling of a work-related personal injury claim appear to be unaware of the impact that Workers’ Compensation Law §29(1) has with regard to the settlement or verdict in those malpractice claims.

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