Title 34, Chapter 15, Section 15
( 34-15-15)
Where a person with disabilities who receives vocational
rehabilitation services is entitled to recover damages for said
injuries, the Division of Rehabilitation Services shall have a lien,
in an amount not to exceed the cost of rehabilitation services
rendered, upon any and all causes of action accruing to the
individual to whom such services were furnished, or to the legal
representative of such individual, on account of injuries giving
rise to such cause of action and which necessitated such
rehabilitation services, subject, however, to any attorney's lien.
In order to perfect such lien, the Division of Rehabilitation
Services shall file in the office of the clerk of the superior court
of the county wherein the individual resides, a verified statement
setting forth the name and address of such individual; the name and
address of the Division of Rehabilitation Services; the amount
claimed to be due for such vocational rehabilitation services; and,
to the best of claimant's knowledge, the names and addresses of all
persons, firms, or corporations claimed by such injured individual,
or the legal representative of such individual, to be liable for
damages arising from such injuries. The Division of Rehabilitation
Services shall also, within one day after the filing of such claim
or lien, mail a copy thereof to any person, firm, or corporation so
claimed to be liable for such damages to the addresses as given in
such statement. The filing of such claim or lien shall be notice
thereof to all persons, firms, or corporations liable for such
damages, whether or not they are named in such claim or lien. The
clerk of the court shall endorse thereon the date and hour of filing
in the hospital lien book, along with the name of the claimant, the
injured person, the amount claimed, and the names and addresses of
those claimed to be liable for damages. Such information shall be
recorded in the name of the injured individual. The clerk shall be
paid $1.00 as his fee for such filing. No release for such cause or
causes of action or any judgment thereon, or any covenant not to sue
thereon, shall be valid or effectual as against such lien unless the
holder thereof shall join therein or execute a release of such lien;
and the claimant of such lien may enforce the lien by an action
against the person, firm, or corporation liable for such damages. |