Subrogation and Workers Compensation

The article written by Mick Proxmire and Kenton Steele published by delves into the recent Ohio Supreme Court Decision regarding subrogation and what this decision means for your workers compensation and personal injury claim. Subrogation in regard to workers compensation and personal injury is generally when an insurance company or other entity pays medical expenses on behalf of an injured person, the company or entity has a claim to be reimbursed for those payments should the injured party recover a settlement from the at fault party.

This particular article talks about a recent court case that was heard by the Ohio Supreme Court involving an individual that was injured in a motor vehicle accident while within the scope of their employment. Meaning this individual had both a workers compensation claim as well as a personal injury claim. Prior to this case, the Ohio Supreme Court was undecided on the matter of subrogation rights being applicable should the injured party settle their personal injury claim prior to filing a worker compensation claim.

The Ohio Supreme Court ruled that the auto insurance carrier that represented the at-fault driver was liable for reimbursing the Ohio Bureau of Workers’ Compensation lien. This decision favors the state funded and self-insured employers and places a heavy burden on auto insurance carriers and legal counsel for the injury party. That burden being ample notice must be given to any and all possible parties with a subrogation interest in regard to an injured party’s personal injury and/or workers compensation claim.