When an employee is injured at work, it is costly and upsetting to the employer. Adding to this frustration, the process of obtaining and protecting any right of recovery from a third party can be very complicated.
This is where Rathbone Group (RG)’s experience comes in. Whether through a direct action or an intervention in the employee’s lawsuit, the RG team can obtain recovery from third parties.
RG will pursue both economic and non-economic damages and can even recover from UM/UIM benefits or pending malpractice cases where available.
Direct Third Party Actions
RG provides detailed evaluations of potentially responsible Third Parties.
Direct actions are pursued such as refusals to pay, conversions, and failure to notify claims.
RG effectively uses the Borrowed Servant doctrine to obtain recovery from a special/dual employer.
Intervention in Employee Litigation
Whenever possible, RG will prevent the attempt to manipulate a settlement that reduces the subrogation lien or priority.
With a subrogation claim, RG’s experienced lawyers protect an insurer against disadvantageous waiver or accord/satisfaction issues.
An important aspect of your subrogation claim is the Make Whole Doctrine. RG is well-versed in limiting the applicability of the Make Whole Doctrine whenever possible.
Even in a pending injury case, RG can directly obtain a recovery from the third party through subrogation efforts.
Have Your Own Advocate
RG’s attorneys provide independent, in-depth evaluations of liability and assesses the full spectrum of recovery for each subrogation claim.
RG ensures proper litigation by the employee’s attorney so the employer’s subrogated recovery claim is fully and properly pursued, including pursuinge additional parties not named by the employee.