What are subrogation and liens on my Personal Injury settlement in New York?
What you need to know
When you win a Personal Injury settlement or verdict in New York, the full amount rarely goes straight into your pocket. Insurers that paid for your medical care have legal rights to recover what they spent — these rights are called subrogation liens.
No-Fault Insurer Liens
Your no-fault carrier paid your medical bills and lost wages out of your own PIP coverage. Under Insurance Law §5104, the no-fault insurer has a right to recover those payments from any third-party recovery you obtain. This is a statutory lien that must be satisfied before you receive your share.
Workers’ Compensation Liens
If you were injured on the job and collected workers' compensation benefits while also pursuing a third-party lawsuit — which is allowed under the Scaffold Law (Labor Law §240) and other statutes — your employer's workers comp carrier has a lien on your recovery under Workers’ Compensation Law §29. The lien is calculated based on what the carrier paid for medical care and lost wages.
Medicaid and Medicare Liens
If Medicaid or Medicare paid for injury-related treatment, federal and state law require those programs to be reimbursed from your settlement. The Medicare Secondary Payer Act applies to Medicare. Failure to address these liens can result in the government pursuing the money directly from you or your attorney.
Negotiating Liens
Lien amounts are often negotiable, particularly in cases where the recovery is limited relative to the total damages. An experienced attorney can reduce lien amounts, protecting more of your settlement. Your attorney has an obligation to notify lienholders and resolve their claims before disbursement. No fee unless we win.
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Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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