worker's compensation

Profitable worker’s compensation subrogation programs will not materialize out of thin air. Repetitive upper-limit subrogation recoveries result from quick, efficient, and thorough investigations; proper notice and preservation of evidence; quick recognition of third-party negligence; well-organized and aggressive litigation, where needed; and constant, consistent and aggressive pursuit of recoveries.

Subrogation claims come in all shapes and sizes. They may arise out of the negligent acts or omissions of non employers, like motor vehicle accidents. They may arise because of a danger that exists on the property where the work is being conducted, like a slip and fall accident. Many arise because of a defect in machinery or equipment.

The injured employee may have already filed a lawsuit against the wrongdoer. If that is the case, in some situations, the subrogation interest is best protected if the worker’s compensation carrier intervenes in the ongoing litigation. In other cases, the subrogation interest is best protected by simply asserting a lien and monitoring the ongoing litigation. If the injured worker does not file a lawsuit, the worker’s compensation carrier may choose to do so. Each injury, jurisdiction, and subrogation claim is unique. BLWM works with its clients to identify, put into place, and pursue the subrogation strategy most likely to yield the best recovery.

If you would like more information about BLWM’s worker’s compensation subrogation services, please do not hesitate to contact Patrick Howell for more information.