No employer wants to find themselves in the midst of a workers’ compensation matter, especially when the employee in question was injured through no fault of the employer. In an article for Risk Management Magazine, Senior Counsel & Chair Saerim Luciano explains that employers in California can subrogate to recover in third-party injury claims, but when the time comes to mediate or settle, many employers are shocked to find out that a different party may threaten their ability to recover.
Luciano points out that subrogation does not always guarantee a tidy conclusion to a workers’ compensation matter now that third-party injury claims are more frequently being complicated by loss of consortium claims. In order for employers to obtain favorable outcomes, they must be prepared to actively intervene and litigate damages. This will put them in the optimal situation of recovering, thus removing the threat of any consortium claim losses.
If you are interested in learning more about how loss of consortium claims are threatening a subrogor’s ability to collect their recovery or reimbursement, contact us here.
Read the full Risk Management Magazine article here.