As a Georgia personal injury lawyer, I find that many of my clients have
	 been hurt on the job, and the employer (usually through a workers’
	 compensation insurance company) has paid some of their medical bills.
	 My clients are often surprised when I tell them that at the end of their
	 personal injury case, the employer or the workers’ compensation
	 insurance carrier will be standing there with its hand out, demanding
	 that the clients hand over the money they just got. The employer will
	 demand that my personal injury client repay all the medical bills and
	 lost wages that the employer had paid in the first place.
The employer or insurance company’s statutory claim for repayment
	 is called a lien, or a subrogation lien. I am starting a series on the
	 subrogation lien that workers’ compensation carriers have when they
	 have paid a client’s medical bills.
	I often represent
	personal injury clients who were hurt by someone’s negligence, and the injury happened to
	 occur while the client was working. For example, I represent car accident
	 victims, and one of my car accident wreck clients was hurt when someone
	 ran into the daycare van she was driving. In fact, I have had several
	 clients who were hurt while they were driving a company vehicle –
	 be it bus, van or car — for work purposes. In my role as a product
	 liability lawyer, I represented a delivery driver who was badly burned
	 while she was driving a Dodge van that her company had rented for her
	 to use. The Dodge van was hit from the rear, and exploded into flames.
	 Its gas tank had been located in the very rear of the vehicle, and had
	 no metal frame rail to protect it in a collision. In another of the cases
	 I handled as a product liability attorney, my client had lost his hand
	 when it was pulled into a defective carpet manufacturing machine while
	 he was working at a carpet manufacturing plant. Another client had a product
	 liability case because his leg was shattered when it was pulled into a
	 defective carpet tufting machine at work.
All of these clients had one thing in common: they were hurt on the job
	 and the employer or its workers’ compensation insurance company
	 had paid some of their medical bills. When my clients filed suit, the
	 employers and insurance carriers claimed that if my clients recovered
	 anything for their injuries, the clients needed to pay them back for every
	 penny they had paid for the employee’s medical care, lost wages,
	 or other compensation.
	Georgia law does provide that an employee should not be paid twice for
	 the injury; if a third party was responsible for the employee’s
	 medical bills, then the workers’ compensation carrier does not have
	 to pay the employee a second time for the exact time for the exact same
	 medical bills. The Georgia Code gives a workers’ compensation insurance
	 company the right to intervene in a case, and to demand repayment of the
	 amounts it paid for the injured worker.
	O.C.G.A. § 34-9-11.1.
But the underlying purpose of the workers’ compensation statute is
	 to make sure that the employee is fully cared for: “The statute
	 was enacted to allow an employer to recover the amount of workers’
	 compensation benefits paid out, but a primary legislative concern was
	 that the injured employee first be made whole.” N. Bros. Co. v.
	 Thomas, 236 Ga. App. 839, 841 (Ga. Ct. App. 1999). The purpose of the
	 statute, then, is to make sure that when workers are hurt physically on
	 the job, they do not end up getting hurt financially as well.
To accomplish that purpose, the Georgia code restricts the circumstances
	 when an employer (or its insurance company) can demand that the employee
	 pay back all the money the employer paid out. In my next posts, I will
	 discuss those limitations.
