We Offer Free Case Evaluations, Video Consultations and Evening Phone Consultations Se Habla Español
Contact Us Today 888.665.7699
Workers' Compensation and Subrogation

Workers' Compensation and Subrogation

In Workers' Compensation claims that also involve a third party tort claim that can be brought by or on behalf of the injured worker, such as an injury arising out of an automobile collision caused by a third party, the Employer/Insurer has a statutorily granted right of subrogation for Workers' Compensation benefits paid. The framework for the subrogation rights of the Employer/Insurer in this context is found in O.C.G.A. Sec. 34-9-11.1.

This statute grants the Employer/Insurer a subrogation lien, not to exceed the amount of compensation actually paid by the Employer/Insurer, against any recovery by the Employee/Claimant in such a third party action. The Employer/Insurer can only recover the amounts that are the subject of its subrogation lien if the injured employee has been fully compensated for all economic and noneconomic losses incurred as a result of the injury. O.C.G.A. Sec. 34-9-11.1(b) and (c).

The ability to file suit against the responsible third party in such an action resides exclusively in the Employee/Claimant for the first year after the injury. If no suit has been filed at the end of one year, either the Employer/Insurer or the Employee/Claimant may file suit during the second year, up until the running of the applicable two year statute of limitations. Either can intervene in a lawsuit brought by the other on the third party claim. O.C.G.A. Sec. 34-9-11.1(b) and (c).

The North Georgia workers' compensation attorney representing an Employee/Claimant in this context should familiarize himself with this statute and with the case law interpreting the Employer/Insurer's right of subrogation, whether or not the attorney is representing the injured worker in the third party action. As a practical matter, there are ways to defeat or negotiate substantially downward the Employer/Insurer's right of subrogation in this context.


Contact Us Today

All Consultations are Free and Confidential
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.