Subrogation Practice Areas
Subrogation Counsel for Workers Compensation Claims
Each state has its own legal framework governing worker’s compensation subrogation, but Rathbone Group will advocate through the employee’s litigation or through independent pursuit when permitted.
Can You Successfully Subrogate Workers Compensation Claims?
Workers’ compensation claims are subrogable; however, it is a complex area of law and requires an experienced hand. Each state has its own system and requirements. While workers’ compensation law bars subrogation claims against the specific employer, opportunities may exist to recoup losses from third parties when the employee’s injury is caused by the negligence of that third party.
Successfully subrogating a workers’ compensation claim is not a simple process; however, Rathbone’s subrogation team is experienced in handling these types of claims both in federal and state courts. We can help you determine if subrogation claims exist, the parties against whom they exist, if the subrogation claim has potential, and whether the cost of pursuing such a claim is a worthwhile investment.
The Importance of Deft Guidance for Subrogating a Workers Comp Case
Should you choose to pursue such a claim, Rathbone subrogation counsel will guide you through the steps your state requires, ensuring you approach the relevant court on proper and effective footing.
With a diverse team of subrogation-focused attorneys, specialists, adjusters, and other insurance professionals, Rathbone Group can effectively litigate these complex subrogation cases in both state and federal jurisdictions. We offer nationwide subrogation coverage via a prolific network of top subrogation attorneys from across the country.
If you have paid a workers’ compensation claim, the Rathbone team can help you pursue recovery from the at-fault parties. We represent employers, insurance carriers and third-party administrators and can assist you in pursuing both economic and non-economic damages
Seeking Resolution & Recovery via Direct Third-Party Actions
Rathbone provides detailed reviews and evaluations of third parties whose willful or negligent actions may have ultimately led to your workers’ compensation payout. If any third party was responsible for the employee’s injury, rest assured that Rathbone will find them and make them account for their negligence. This extends to any third party who may at first seem untouchable under traditional workers’ compensation rubric. For instance, through the use of the Borrowed Servant Doctrine, Rathbone may be able to defeat the Independent Contractor Defense, a common overused defense raised by employers in an effort to skirt their responsibility for their contractor’s negligence.
Protecting Subrogation Interests via Intervention in Employee Litigation
Often, an injured employee pursues their own recovery. In most states, insurers are expected to intervene in the employee’s case against a third party to protect their financial interests in that claim. Knowing this, the named parties may conspire to reach a settlement that reduces or even extinguishes an insurer’s right to a recovery. The Rathbone team is experienced in recognizing these settlement attempts and in fighting for our clients’ rights to a subrogation recovery.
Rathbone can protect an insurer against disadvantageous subrogation waivers or accord and satisfaction issues with subrogation claims. We can also assist with limiting the applicability of the Made Whole Doctrine whenever possible. Subrogation is an indispensable legal tool for insurers and can play a big role in keeping your premiums low and your customer service ratings high. Rathbone provides counsel for subrogating insurers that ensures settlements are fair and losses are minimized.
Your Subrogation Counsel Should Be Your Advocate
Rathbone’s subrogation attorneys provide independent, in-depth evaluations of liability and assess the full spectrum of recovery for each subrogation claim. Thorough communication about all aspects of their claims make certain all clients are educated on all possible avenues to recovery. We make sure that all clients have all available information prior to making any decision regarding a claim.
With Rathbone on your side, you can expect your subrogated workers’ compensation matters to be handled efficiently and cost-effectively. We value our business relationships and take pride in our experienced in-house staff. We are dedicated to maximizing your financial returns while minimizing costs.