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When a worker is injured on the job and is unable to work, typically all the worker is looking for is fair compensation for the time away from work. Sometimes the worker’s employer is not always willing to work with that worker, however, and a worker’s compensation lawsuit must be brought to get a fair worker’s compensation settlement.
Many times, when a worker’s compensation lawsuit is initiated by a Worker’s Compensation Settlement Attorney, the insurance company of the employer pays out some or all of the money owed to the worker. That insurance company usually then has subrogation rights, to try to collect against someone else who may have contributed to the worker’s harm. Subrogation rights mean that the insurance company has any legal rights you did to sue the other source of your harm. Typically, this is helpful for the worker because it keeps insurance premiums down and results in a quicker settlement. However, in a recent case, these rights have been greatly hindered.
A recent case in Philadelphia involving a worker who was injured on a SEPTA bus may endanger subrogation. The Supreme Court decided that the right of subrogation for the insurance company from the state was greatly reduced. This means that for any worker who is seeking worker’s compensation, it may take longer and be even harder to receive that compensation. Ultimately, it may also mean higher insurance premiums to be paid by workers, whether they are injured or not.
What this all means is that if someone is injured on the job, knowing workers’ rights is harder than ever.
Source: Claims Journal, “Workers’ Comp Subrogation Against Political Subdivisions Given Last Rites in Pennsylvania,” Gary Wickert, Nov. 1, 2012