65.2-309.1 - Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense o
§ 65.2-309.1. Creation of lien and subrogation of employer to employee'srights to recover uninsured or underinsured motorist benefits pursuant toinsurance coverage carried by and at the expense of employer.
A. A claim against an employer under this title for injury or death benefitsshall create a lien and right of subrogation on behalf of the employer, asset forth in § 65.2-309, against proceeds recovered by the injured employeepursuant to the uninsured or underinsured motorist provisions of a policy ofmotor vehicle insurance carried by and at the expense of the employer. In anyaction by an employee against any person other than the employer, the courtshall, after reasonable notice to the parties and the employer, ascertain theamount of compensation paid and expenses for medical, surgical and hospitalattention and supplies, and funeral expenses incurred by the employer underthe provisions of this title and deduct therefrom a proportionate share ofsuch amounts as are paid by the plaintiff for reasonable expenses andattorney's fees as provided in § 65.2-311; and, in the event of judgmentagainst such person other than the employer, the court shall, in its order,require that the judgment debtor pay such compensation and expenses of theemployer, less said share of expenses and attorney's fees, so ascertained bythe court out of the amount of the judgment, so far as sufficient, and thebalance, if any, to the judgment creditor.
B. If an injured employee is entitled to underinsured motorist coverage undermore than one policy, the order of priority shall be as provided bysubsection B of § 38.2-2206.
(1995, c. 267; 2004, cc. 914, 941.)