How Loss Of Consortium Claims Are Upending Employer Subrogation In California (Risk Management Magazine)

How Loss Of Consortium Claims Are Upending Employer Subrogation In California

  Thursday, December 23rd, 2021 Source: Risk Management Magazine

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.

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.

This problem starts with California’s notoriously employee-friendly workers compensation rules, which requires employers to pay for employees’ medical treatment if they are hurt on the job.

This holds true even in cases where the employer is not at fault and injuries were caused by a negligent third party.

Fortunately, California also gives businesses or their workers compensation carriers the right to subrogate against those negligent third parties to recover any benefits they might have paid to injured workers.

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