Subrogation

Kunz & Germick has extensive experience with workers’ compensation subrogation lien recovery, including creating subrogation case law favorable for employers and insurance companies in both Pennsylvania and New Jersey.

Subrogation is an often overlooked or neglected part of a workers’ compensation claim, and is one area where favorable laws and case law can lead to a self-insured employer or insurance company recovering a great deal of reimbursement for workers’ compensation benefits paid on a claim.  For example, if an injured employee procures recovery from a third party, such as a defendant in a product liability lawsuit or from an auto insurance policy, a self-insured employer or insurance company may have a right to a majority of that recovery (and possibly a credit against the payment of future workers’ compensation benefits for that injury).  If the injured employee does not file a lawsuit for that injury, the self-insured employer or insurance company can, in some instances, file a lawsuit on that injured employee’s behalf, sometimes resulting in a greater share of lien recovery.

To learn more about potential subrogation recovery strategies to recoup money for benefits paid on Pennsylvania and New Jersey workers’ compensation claims, please contact us.

Did you know?  In New Jersey, a §20 settlement order can be negotiated to permit lien recovery for temporary disability and medical benefits paid.

Don’t make the mistake of routinely agreeing to “3-way splits” of third-party settlements (where the Plaintiff/injured employee, the employee’s attorney, and the employer/insurer each receive one third of the settlement).  Agreeing to such a settlement oftentimes leaves employers or their insurance companies with approximately one half of the lien recovery they could have procured had they simply taken a more aggressive approach.  Subrogation is one area where the law favors employers and insurance companies!  A small investment of resources can lead to a significant increase in lien recovery for your company.

To make an appointment to discuss if you are taking advantage of lien recovery strategies available to your business, please call Kunz & Germick at (215) 875-1400.