Short Answer

In North Carolina, the workers’ compensation insurer has a statutory lien on a third-party recovery, and you can demand an itemized lien statement showing benefits paid. Send a formal written request with the claim number and a signed authorization, set a short response deadline, and escalate to a supervisor if needed. If settlement is imminent and the adjuster still will not cooperate, you can ask the Superior Court to determine the lien and order distribution before disbursing funds.

Understanding the Problem

You’re handling a North Carolina workers’ compensation matter and need the insurer’s lien amount to resolve a related claim, but the adjuster hasn’t responded. Can you force movement, and how? Here, you now have the claim number and the adjuster’s contact information, but you still cannot get the lien documentation your client needs.

Apply the Law

Under North Carolina law, a workers’ compensation carrier holds a statutory lien on a third-party recovery, limited to compensation and medical benefits it paid. To settle the related claim, you need an itemized ledger so you can address the lien. If the carrier does not cooperate after reasonable notice, a Superior Court judge can determine the lien amount and order distribution. Address lien issues before disbursing any settlement funds.

Key Requirements

• Written notice: Send a clear, dated request for an itemized lien, including the claim number and contact details, and ask for a ledger of indemnity and medical payments to date.
• Authorization: Include a signed HIPAA-compliant authorization so the insurer can release medical payment details tied to the claim.
• Reasonable response window: Give a specific, short deadline (for example, 10 business days) and state you will escalate if there’s no response.
• Escalation path: If silence continues, contact the adjuster’s supervisor and, if settlement is pending, seek a court order setting the lien and distribution.
• Forum before funds move: Use the Superior Court to determine and allocate the lien before any third-party settlement is disbursed.

What the Statutes Say

• North Carolina Gen. Stat. § 97-10.2 (Third-party recoveries and workers’ comp lien) - establishes the carrier’s lien and allows a Superior Court judge to set the lien and order distribution.
• North Carolina Gen. Stat. § 97-25 (Medical compensation) - explains the carrier’s duty to furnish and pay for medical treatment in workers’ compensation claims.

Analysis

Apply the Rule to the Facts: You now have the claim number and the adjuster’s contact, so send a formal, dated request for an itemized ledger of indemnity and medical benefits paid, with a signed authorization. Give a clear deadline and warn that you will escalate. If the adjuster remains silent and a third-party resolution is approaching, move in Superior Court to have the judge determine the lien and order distribution before any settlement funds are released.

Process & Timing

1. Who files: The injured worker’s attorney. Where: First, to the insurer/adjuster by email and certified mail. What: A written lien request with claim number, dates of loss if known, client authorization, and a request for an itemized ledger of payments. When: Immediately; give a 10-business-day response deadline.
2. Escalate to the adjuster’s supervisor if there’s no response; copy any known defense counsel; advise that you will seek court relief if no itemization is provided within 5–7 additional days.
3. Court relief: If settlement is pending and there’s still no cooperation, file a motion in the appropriate North Carolina Superior Court under the workers’ compensation third-party lien statute to have the court determine the lien and order distribution before disbursement.

Exceptions & Pitfalls

• If there is no third-party claim, a “workers’ comp lien” may not apply; request the carrier’s payment ledger instead to verify benefits paid.
• Failing to include a HIPAA-compliant authorization can delay the insurer from sharing medical payment details.
• Do not rely on medical-provider lien statutes; the workers’ compensation lien is governed by the workers’ compensation act.
• Disbursing a settlement before resolving the workers’ comp lien risks court intervention and compliance issues.
• When seeking court relief, give notice to all interested parties so the judge can set the lien and order distribution without delay.

Talk to a Personal Injury Attorney

If you're dealing with a silent workers’ comp adjuster and need a lien itemization to resolve a related claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.