Subrogation

Every year insurance carriers effectively throw away thousands, if not millions of dollars, by failing to assert recovery from third parties in workers’ compensation claims. Per Labor Code section 3852, an employer may make a claim or bring an action against the third person to recover the total amount of compensation, damages for which he or she was liable including all salary, wage, pension, or other emolument paid to the employee or to his or her dependents.

Employers asserting their right to subrogation also serves to prevent the applicant from obtaining duplicate recovery between the workers’ compensation system and claims out of the Workers’ Compensation Appeals Board’s jurisdiction.

Employers and claims administrators do not need to sit idly by and rely on the applicant’s counsel, who may be wholly ineffective. Here, we conduct the proper discovery to ensure that we have the best chance at getting you the greatest recovery.