The Basics Of Subrogation And Workers' Compensation
In general, workers have the right to obtain immediate benefits after submitting a claim. However, through subrogation, some of these costs may be recouped by the employer or the insurance carrier. Subrogation is the legal process of the right of one party to pursue legal action against another for reimbursement of an insurance loss. When we turn to Sections 3850 through 3865 of the Labor Code in California, we can see that this is where the workers’ compensation subrogation language comes from.
Under the law in this state, employers and workers’ compensation insurance carriers are only allowed to bring a subrogation claim to recover benefits if the injury happened for a reason other than the employer’s negligence. Subrogation claims only apply to third-party negligence.
Immediate Investigations Are Necessary
Workers’ compensation claims are complicated in California. It is crucial for employers, claims adjusters, and workers’ compensation insurance carriers to identify possible sources of recovery through subrogation as early as possible in this process. This is necessary so that any possible evidence does not get destroyed or disappear over time.
A comprehensive investigation of this nature requires assistance from an attorney who knows exactly what they are looking for. At Sacks Law Group, APC, our role is to protect the employer, which means we have no problem investigating third-party entities who may be at fault. Some of the most notable types of claims that require investigation for subrogation purposes include the following:
- Motor vehicle accidents
- Accidents that occur on another company’s premises
- Injuries that occur because of defective parts
- Issues caused by repair or maintenance companies
Call a Los Angeles Workers' Compensation Attorney Today
If you are an employer and have paid benefits to an injured worker but later discovered that a third party caused the injury, you may have the right to subrogation or reimbursement. At Sacks Law Group, APC, our attorneys have a proud and extensive history of standing up for the rights of employers in California. Our Los Angeles subrogation for employers claims attorney will fully investigate your case and help you recover any compensation you may be owed. You can contact us for a consultation of your case by clicking here or calling 310-216-7778.
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The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.
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