subrogation

[comp8301]

The first right of subrogation was codified into law for the comp carrier not the employers who do not have workers compenation. If an employer pays for any bills or weekly benefits as a result of the employee who sustained a injuries while within the course and scope of employment, prior to the employer submitting the injury report to the comp carrier to whom the employer paid a premium to process its employees claims for workers compenation benefits, is considered a gift and is not subject to the laws of subrogation.

[Still in Limbo]

Sparkey, if I remember in another Post of Yours, You Mentioned You Received $7500.00 from w/c and Medical for Life, am I Correct? Unless I'm Mistaken the Judge went with the 10% IRE Rating, and the $7500.00 would have been the Indemnity Settlement, along with Lifetime Medical. If I'm Correct, Your Case is Closed, and besides Medical, the $7500.00 was Your Settlement!

Cookie, Welcome to the Forum!! I'm from Pa. also, and the Info. the Others are Giving You are Spot On!! My Best to You, and Again Welcome!!

[Timothy Belt]

In PA, and employer AND IC’s right to subrogation against a third party recovery for WC benefits paid is absolute. They are required to pay their share of costs and attorney’s fees required to obtain the third party recovery. They may also reduce or even waive their subrogation lien as part of a WC settlement.

comp8301 Wrote:

stiffnecked Wrote:If you win your personal injury case then it's assumed your empolyment wasn't the cause of your injury. If the employer has expended funds to treat you and your injuries then it's only fair that it should be made whole.

The recovery does not go to the employer it goes to the comp carrier.
If an employer pays weekly benefits and or medical bills the subrogation law does not apply to them. Any money the employer spends in effecting any claim for workers comp benefits before the employer has vilied the injury report to its comp carrier to whom it has paid premiums to adjust it employees' claims for workers compensation beneftis, is considered a gift and thereby not recoverable pursuant to the subrogation laws, concerning claims filed for workers compensation benefits.