To safeguard the right to recover workers' compensation payments from a negligent third party, what legal action should be filed?

Filing a Complaint in Intervention is a critical action for safeguarding the right to recover workers' compensation payments from a negligent third party. This legal mechanism allows an injured worker, or their representative, to enter an ongoing lawsuit between an injured worker and a third party to seek reimbursement for the costs that the workers' compensation insurance has covered due to the injury.

In this context, a Complaint in Intervention ensures that the interests of the workers' compensation insurer are represented, allowing it to recover its costs from any settlement or judgment obtained against the liable third party. This step is essential because, under California law, when a worker is injured due to the fault of another party, they have the right to pursue not only their personal claims but also the claims of their workers’ compensation insurer who has already paid benefits.

Other options, while potentially relevant in different contexts, do not directly serve to protect the rights of a workers' compensation insurer in this scenario. A Notice of Claim is typically used to give formal notice of potential claims but does not actively pursue recovery. A Request for Mediation generally facilitates negotiations but does not initiate legal proceedings. A Settlement Agreement, on the other hand, pertains to resolving disputes rather than establishing or asserting the right to recover funds from a third party