Our Firm is Uniquely Tailored to Ensure Maximum Recovery of Your Funds
Workers’ compensation law provides carriers with several tools to recover losses and offset future exposure through subrogation. Knowing which tool to employ to reap the maximum benefit from the process requires knowledge, not only of relevant subrogation law, but of workers’ comp, no-fault, loss transfer, and municipal law. Our years of experience in all of these areas means we’re perfectly positioned to apply the best strategy, maximize recovery, and ensure that opportunities to mitigate your losses are never missed.
Lien and Credit
Workers’ compensation law gives carriers the right to a lien against the claimant’s recovery in any action against a negligent third party and a credit in the amount of the claimant’s net recovery in the third-party action. We’ll search court records for any third-party actions subject to a lien, advise the parties of your lien rights, and monitor the third-party action to ensure that those rights are protected. When the third-party action is resolved, we’ll assist in calculating the credit to which you’re entitled and make sure that it’s properly applied to mitigate your future exposure to the greatest extent possible. We’ll also look for other opportunities, such as loss transfer, to obtain recovery for any losses that cannot be included in a lien.
Based on our knowledge of not only subrogation but of the Workers’ Compensation law as a whole, we realize that the best outcome is not always achieved by simply asserting the maximum lien and credit. We evaluate each case and determine how best to utilize all available solutions to obtain optimal results for our clients.
It may be in your best interest to negotiate a global settlement encompassing a workers’ compensation claim and the claimant’s third-party action, taking into account your subrogation rights. By bringing all parties together in both the workers’ comp claim and third-party action, we can often negotiate a highly favorable resolution and close the claim for far less than would have otherwise been possible.