Marc Sirotkin of Swift Currie in Atlanta. (Courtesy photo) To Subrogate or Not to Subrogate?—That is the Question for Workers' Compensation Employers and Insurers
An employee injured in an accident arising out of and in the course of his employment through the negligence of a third-party has a potential claim against that party which is not impacted by his or her workers' compensation claim. The employer and insurer have a potential subrogation right against the proceeds from the third-party claim.
May 10, 2024 at 10:55 AM
9 minute read
Commentary
Often the question is asked by workers' compensation clients whether they should pursue a subrogation lien or simply waive it as part of settlement. This commentary will pursue the pros and cons of the available remedy and whether it makes strategic sense to pursue same.
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