Can You Successfully Subrogate Workers Compensation Claims?

Yes, you can subrogate worker’s compensation claims, but it is a complex area of law and requires an experienced hand. Each state has its own legal framework governing worker’s compensation. Although the employee’s injuries are covered through the worker’s compensation claims process, there are still opportunities to recoup losses when injury is caused by the negligence of a third party.  

Successfully subrogating a workers’ compensation claim is not a simple process, and every jurisdiction has a different system for recovery in these situations. The good news is that Rathbone’s subrogation team is experienced in handling these types of claims. We can help you determine whether the cost of pursuing recovery for a subrogated workers’ comp lawsuit is a worthwhile investment. 

The Importance of Deft Guidance for Subrogating a Workers Comp Case

Should you choose to pursue worker’s comp recovery, Rathbone Group 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, RG can effectively litigate these complex subrogation cases in dozens of state and federal jurisdictions. We offer nationwide subrogation coverage via a prolific network of top subrogation attorneys from across the country.

If you are facing a loss from a workers’ compensation payout, the Rathbone Group team can help you pursue recovery from tortious parties. We represent employers, insurance carriers and third-party administrators. We help you pursue both economic and non-economic damages, and we can even recover from UM/UIM benefits or pending malpractice cases where available. In addition, our lawyers provide advice regarding claims administration, loss prevention, and subrogation liens.

Seeking Resolution & Recovery via Direct Third Party Actions

Rathbone Group provides detailed evaluations of third parties whose willful or negligent actions may have ultimately led to your worker’s compensation payout. We pursue direct actions such as refusals to pay, conversions, and failure to notify claims.

We may find that third parties who seem untouchable under a subrogated worker’s compensation action can be effectively held liable using the right legal theories. For instance, in subrogated workers’ comp disputes, the adverse employer will try to shrug responsibility if their employee was temporary or contracted. This is known as the Independent Contractor Defense.

While the Independent Contractor Defense has its rightful place in some subrogated matters, it is often utilized in bad faith in order to shift blame away from the liable third party. But by utilizing adept legal strategy such as the Borrowed Servant Doctrine, RG can help you hold employers responsible, achieving subrogation recovery even in cases where responsibility may initially seem foggy.  

Protecting Subrogation Interests via Intervention in Employee Litigation

Often, an injured employee pursues their own recovery. However, states expect our clients to intervene in order to protect their financial interests in a claim. In these types of situations, the named parties in the suit may sit down together to manipulate a settlement that attempts to reduce our client’s subrogation lien or priority. The Rathbone Group team is experienced in recognizing these settlement attempts and fighting for our clients’ financial interests and insurer’s rights to subrogation recovery.  

Rathbone Group can protect an insurer against disadvantageous subrogation waivers or accord/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 high-quality. RG provides counsel for subrogating insurers that ensures settlements are fair and losses are minimized. 

Your Subrogation Counsel Should be Your Advocate

Rathbone Group’s subrogation attorneys provide independent, in-depth evaluations of liability and assess the full spectrum of recovery for each subrogation claim. Thorough communication with clients about their subrogated workers’ comp claims makes certain you are educated on all possible avenues to recovery. We make sure every decision you make regarding your subrogation matter is with all available information.

Rathbone Group also ensures proper litigation by the employee’s attorney so that an employer’s subrogated recovery claim is fully and properly executed. This includes the pursuit of additional parties not named by the employee who may be held liable for the incident that led to the workers’ comp payout.

With Rathbone Group on your side, you can expect your subrogated worker’s compensation matters 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.

Contact Rathbone Group