James R. Bucilla II of Weber Gallagher Simspon Stapleton Fires & Newby Pa. Workers Comp Act and an Employer's Subrogation Entitlement Rights
Employers may thus recover for benefits paid to or on behalf of an injured worker, where that injured worker has recovered from a third party.
March 11, 2021 at 11:13 AM
8 minute read
The Pennsylvania Workers' Compensation Act (the act) provides employers subrogation rights, applicable where injured workers receiving workers' compensation benefits recover for their work injuries but in a claim against a third party other than the employer. Employers may thus recover for benefits paid to or on behalf of an injured worker, where that injured worker has recovered from a third party. For example, the delivery driver who was working and injured while rear-ended by a negligent third party. The employer pays workers' compensation benefits to the delivery driver, who makes a claim against the other driver. When the injured worker recovers a settlement or judgment due to the motor vehicle incident and the other driver's negligence, the employer can then recover from those funds from the third-party case for workers' compensation paid and payable.
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