The Institutes

Settling Workers’ Compensation Subrogation Claims Independent Of Employees’ Claims

 Tuesday, June 26, 2018

 Matthiesen, Wickert & Lehrer, S.C.

Aggressive subrogation practitioners always look for short cuts. Ours is an industry in which the “bottom line” means the difference between success and failure. If a workers’ compensation subrogation claim can be resolved quickly—even before the employee settles the third-party action filed by him—it improves the cost-effectiveness of the result. In many states, a workers’ compensation carrier can settle directly with a third-party defendant, in some cases assigning its subrogation lien to the defendant, who can then take a credit for the full lien when settling the employee’s personal injury action, despite having reimbursed the carrier something less than the full lien.
LitigationWorkers' CompensationSubrogation