Christian Petrucci of the Law Offices of Christian Petrucci. Constitutionality of Subrogation Provisions Affirmed
While it is generally conceded that "double recovery" for the same damages is not good public policy, the fact that employers are allowed to subrogate against damages such as pain and suffering they did not have to pay in the first place has always been a source of contention.
January 28, 2022 at 09:54 AM
8 minute read
CommentaryAs is well known, in the event a third-party tortfeasor is responsible for an individual's work-related injury, the injured worker may bring a civil action arising out of the incident that caused the work injury against the third party. Significantly, such civil claims can include monetary damages for pain and suffering not available under the Pennsylvania Workers' Compensation Act. Of course, much to the chagrin of injured workers, should a third-party claim be brought, the workers' compensation insurance carrier maintains a subrogation interest in the proceeds of the litigation. While it is generally conceded that "double recovery" for the same damages is not good public policy, the fact that employers are allowed to subrogate against damages such as pain and suffering they did not have to pay in the first place has always been a source of contention.
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