Claims with subrogation involve a third party (someone other than co-workers or the employer) who may have contributed to a work related accident or illness. Usually these claims involve a defective product, a motor vehicle accident, or other the negligent acts of others.
Workers’ Compensation is primary, meaning we are the first payer when an accident occurs. However, receiving workers’ compensation benefits does not bar the worker’s right to peruse a claim against the third party.
If an injured worker makes a recovery against a third party, we have a right to recover any benefits paid that overlap with benefits recovered.
Since each case involves distinct facts it is important that the injured worker keep in contact with the claims adjuster regarding the status of the third party case.