The workers’ compensation laws in California can be challenging. In general, workers’ compensation benefits have to be paid out regardless of who was at fault for a work-related accident. An injured employee can file a claim for medical coverage and benefits, even if the employer did absolutely nothing wrong. However, it is important for insurance carriers, employers, and claims administrators to determine exactly how an accident occurred. While nobody wants to deny benefits to an employee who was injured and rightfully needs them, it is important to make sure that another party did not cause the incident.
At Sacks Law Group, APC, we understand that third parties can be responsible for workplace injuries. In these cases, the third party’s liability may give an employer or workers’ compensation insurance carrier the right to obtain reimbursement if they have already paid out claims to the injured worker. Here, we want to discuss how Los Angeles subrogation for employers works.
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.
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:
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.