What is subrogation and how could it affect my workers' comp claim?

The short answer: subrogation is a process used by insurance companies to get back money paid on insurance claims. They're allowed to do this in some cases, but only after you've received full compensation for your workers' compensation injuries. Here's what you should know.

How Subrogation Works

If you were injured in an on-the-job construction accident, depending on the circumstances of the incident, you may have multiple avenues for compensation.

For example, if you were hurt in a work-related car accident, caused by a negligent third-party subcontractor making a delivery, you may have grounds for a workers' compensation claim against your employer, as well as a personal injury lawsuit against the liable third party.

Workers' compensation benefits include reasonably-related medical expenses, temporary total disability benefits, and permanent partial disability benefits, while personal injury lawsuits allow you to pursue a broader range of additional compensation, including your actual lost wages, pain and suffering, mental anguish, scarring or disfigurement, and more.

While there are numerous advantages to filing a personal injury lawsuit against a negligent third party, your employer's workers' compensation insurer may attempt recoup the money it paid to you in benefits using subrogation.

What The Employer Must Prove Before Taking Money Back

However, in Georgia, before an employer or its insurer can recover money on a subrogation claim, they must show that you were fully compensated for all your accident-related economic and non-economic losses. For injured workers whose financial recoveries are limited by a negligent third party's inadequate insurance policy limits, employers and their insurers are often unable to meet their burden of proof. When that happens, the employer/insurer is not entitled to any recovery on their subrogation claim. A skilled Georgia personal injury attorney with workers' compensation case experience can help ensure you receive all the compensation you're owed for your workplace injury.

Consult an Attorney About Your Workers' Compensation Case

If you were injured on the job by a third party and received compensation through workers' compensation and have a personal injury claim, you may subject to subrogation. The seasoned attorneys with Rechtman & Spevak can review your case to determine if you were truly made whole, and fight for your right to retain the compensation you deserve. Contact us today to schedule an appointment for a free initial consultation to discuss the details of your case.