Workers’ Compensation and Property Damage Subrogation
Subrogation is the legal process by which insurance carriers, self-insured employers and property owners, can recover compensation from third parties whose unlawful conduct exposed them to liability for workers’ compensation benefits (by causing injury to an employee), or damaged their property.
Adelson McLean’s attorneys offer their clients decades of experience prosecuting and negotiating these claims. That kind of experience is essential to successful and cost-effective subrogation.
Effective workers’ compensation subrogation, for example, requires far more than the ability to prove a third party’s negligence. It requires a full understanding of the interplay among personal injury recovery rights in civil court, and workers’ compensation rights and defenses before the Workers’ Compensation Appeals Board.
Truly beneficial subrogation is not only about recovering damages for past losses. To maximize the benefit of subrogation, the adept subrogation practitioner must be able to negotiate or prove credit rights to offset future workers’ compensation liability. Further, the effective subrogation attorney must be able to negotiate resolution of the personal injury claim, the subrogation recovery claim, and the underlying claim for worker’ compensation benefits, so the client recovers its due, eliminates or reduces future liability, and eliminates future legal expense.
Successful subrogation—whether arising from an industrial injury, or from damage to property—requires even more. In many instances the subrogation rights created by statute and case law may be enhanced or limited by contracts. Leases, insurance contracts, and construction and vendor contracts often create, limit, or even eliminate rights in the context of landlord-tenant, developer-contractor and seller-supplier relationships. Experience dealing with such contracts in the context of a subrogation claim is crucial if one is to take full advantage of available remedies.
Over the years, the attorneys of Adelson McLean have recovered and saved millions of dollars for their clients, by bringing to each case an intimate knowledge of subrogation law, and using uncommon skill in negotiating the various rights and defenses available.