Subrogation Practice Areas

Don’t Lose Opportunities to Subrogate Workers’ Compensation Claims

Workers’ compensation claims are often subrogable; however, it is a complex area of law and requires an experienced hand. 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. Each state has its own approach to workers’ compensation subrogation, which can complicate the pursuit of recovery, but there are routes to reimbursement even in complex claims.

Successfully subrogating a workers’ compensation claim requires specialized skill and knowledge; 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. There is major variation in subrogation laws by state; a diverse team of lawyers is a requirement for subrogation departments aiming to maximize recovery of claims when there is a liable party to pursue.

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. We represent insurance carriers, self-insured parties, and third-party administrators in pursuing both economic and non-economic damages.

Subrogation 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. This extends to any third party who may at first seem untouchable under traditional workers’ compensation rubric.

For instance, one of the most common defenses brought in workers’ compensation subrogation cases is the Independent Contractor Defense, an overused defense raised by employers in an effort to skirt their responsibility for their contractor’s negligence. However, analyzing the factors of whether the party truly is an employee versus an independent contractor regarding the party’s behavior, finances, and relationship with the employer are counterarguments that can help you recover damages and hold a bad-faith employer accountable for their/their employee’s actions.

Protecting Subrogation Interests via Intervention in Employee Litigation

Often, an injured employee pursues their own recovery. In many 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 of subrogation. The Rathbone team is experienced in recognizing these settlement attempts and in fighting for our clients’ rights to 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 when its application is disadvantageous. Subrogation is an indispensable legal tool for insurers and can play a prominent role in keeping your premiums low and your customer service ratings high. Rathbone provides counsel for subrogating insurers that ensures settlements are fair and that losses, and the cost of subrogation pursuit, are minimized.

Your Subrogation Counsel Should Be Your Advocate

The subrogation investigation phase is key to maximizing chances of successful resolution of an insurance dispute. 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 makes certain our clients are educated on all possible avenues to subrogation recovery and 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 of subrogation lawyers, specialists, claims adjusters, and staff. Maximize your financial returns and minimize the cost of recovery pursuit – let Rathbone Group’s subrogation attorneys help you exercise your right to recovery to its fullest extent.

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