|
Subrogation
Subrogation is the process by which BWC recollects medical and compensation costs
paid on behalf of injured workers when a third party causes the workers' compensation
injury. In order for subrogation to occur, the injured worker must collect a judgment
or settlement from a third party.
BWC has the right of recovery from a third person, corporation, political
subdivision or an insurance company for the cost of benefits paid on behalf of
an injured worker according to ORC 4123.93 et seq.
What types of accidents typically involve subrogation?
The most common accident type is a motor-vehicle accident caused by another
driver. However, there are many other accident situations where subrogration
can apply, such as:
-
Premise liability (i.e., slip and fall injuries, falling objects,
security breaches, failure to warn or make safe);
-
Products liability (i.e., malfunctioning machinery);
-
Medical malpractive (i.e., failure to diagnose or treat or negligent
treatment);
-
Construction sites (i.e., scaffolding collapse, cave-ins, explosions,
fires);
-
Assaults, or animal bites.
These injuries must occur while in the course of the injured worker's
employment.
How does subrogation reduce your costs?
The current statute allows BWC to subrogate a portion of past payments of
compensation and medical benefits as well as the estimated value of future
benefits.
The amount recovered by BWC through the subrogation effort is credited back
to your account. BWC will notify you of the amount recovered.
If you believe that a workplace injury is such that it may lead to a third-
party action, you should communicate this information to the BWC claims
service specialist (CSS) during the initial contact.
Anytime after a claim has been filed with BWC, you become aware that the
injured worker or the dependents of the injured worker are seeking recovery
from a source other than BWC, you should communicate this information to the
CSS or BWC's subrogation unit.
If you have additional questions or need further information about subrogation,
please call BWC's subrogation unit at (614) 644-7410.
|
