What Is Subrogation In Workers Compensation and How Does It Work?

Subrogation in worker’s compensation cases refers to the insurance company’s right to pursue losses from a third party. If the worker’s injury is caused by a third party, and that employer receives worker’s comp benefits, the employer and insurance company can recover these damages from the at-fault party.

It’s a rather complicated process, but injured workers may be wondering: will it affect their claim?

subrogration workers comp

When Does Subrogation Apply?

Let’s say you are a driver and get into a car accident while on the job. You were not at-fault, and since you were on the job, you filed a worker’s compensation claim with your employer to receive benefits for covering your medical needs and other damages that may be entitled to you.

Because there is this third-party directly responsible for your injuries, your employer has the right to recover what they paid you from the at-fault driver.

Some instances when subrogation can apply include:

  • Defective products or equipment
  • Workplace injuries that occur on a property owned by a third party
  • Negligence or direct actions of other parties that directly result in an employee’s injury.

How Does It Affect Your Claim?

It does since it’s a way you can recover the damages you’ve gained as a result of the third party.

If your worker’s compensation claim is finalized, meaning you’ve finished treatments and have returned to work, your employer may seek subrogation. From what they recover, they may also have to cover any expenses resulting from this process (including attorney fees). 

Then, what remains must be divided between the employer and the employee “in the same ratio that the amount due the employer bears to the total amount recovered if there is no finding of comparative fault on the part of the employee, or the total damages determined by the trier of fact if there is a finding of comparative fault on the part of the employee” per Missouri law.

Speak With an Experienced Workers Compensation Attorney

Subrogation claims don’t just benefit your employer – this is money you are legally entitled to because you are the one who suffered the injury. As a result, it is in your best interest to get in touch with a St. Louis worker’s compensation attorney as soon as possible, who can help negotiate a better settlement with the third party and get you fair compensation.

Speak With a Workers Comp Attorney

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Updated: May 15, 2020