If you have provided services or paid benefits to or on behalf of an injured worker, you have a right to seek to intervene in an employee’s workers’ compensation claim. Attorneys representing other parties in the litigation must serve you with a Notice of Right to Intervene. If you choose to intervene, you must file a Motion to Intervene, with attached claim documentation, within the following timelines:
If you file your Motion to Intervene within the required timelines, you will be added as a party to the litigation and provided notice of future proceedings in the case. You will not get an order notifying you that your Motion to Intervene is granted; it is granted by operation of law unless you get an order specifying otherwise. If you fail to file a Motion to Intervene within the time deadlines, an order will usually be issued that absolves the workers’ compensation insurer from paying your claim and may prevent you from collecting any reimbursement from the employee or any government program.
The following forms and information will help you file your Motion to Intervene:
Once you intervene, you may be required to attend scheduled proceedings pursuant to an Order issued by a Compensation Judge. Failure to attend a proceeding as ordered will result in an order denying your claim and an inability to collect the sum claimed from the parties or a government program unless you can show good cause exists to excuse your failure to attend the proceeding. You have the burden of proof to establish your claim in all proceedings.
Please complete the Workers’ Compensation Intervenor Contact Information form, which is used by the Office of Administrative Hearings to maintain the correct contact information for intervenors.
For further information, please contact a staff attorney at 651-361-7900 or the Department of Labor and Industry.