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 statutorily created scheme governing worker’s compensation.  Although the employee’s injuries are covered through the worker’s compensation claims process, there are still opportunities to recoup loses when injury is caused by the negligence of a third party.  This 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 a worker’s comp subrogated lawsuit is a worthwhile investment for you.   Should you choose to pursue worker’s comp recovery, we will guide you through the steps your state requires, ensuring you approach the relevant court on proper and effective footing.

The Rathbone Group team can help.  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.

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 legal theories such as the Borrowed Servant doctrine.  

Intervention in Employee Litigation

Often, an injured employee pursues their own recovery, and 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 rights of recovery.  

Rathbone Group can protect an insurer against disadvantageous waivers or accord/satisfaction issues with subrogation claims.  We can also assist with limiting the applicability of the Make Whole Doctrine whenever possible.  

Have Your Own Advocate

Rathbone Group attorneys provide independent, in-depth evaluations of liability and assesses the full spectrum of recovery for each subrogation claim.

Rathbone Group ensures proper litigation by the employee’s attorney so that an employer’s subrogated recovery claim is fully and properly executed, including the pursuit of additional parties not named by the employee.

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 dedicated to maximizing your financial returns while minimizing costs.