I recently spoke at the Kansas Association for Justice’s Workers Compensation about Subrogation Interests. When explaining legal situations, the jargon associated is often complex and difficult to understand. I spoke about the interplay between workers compensation and a third party action, but providing an example might help explain the situation better.
Let’s assume Bob works for Hank’s Auto Parts and is on the road delivering parts to another company. While driving his work vehicle on the job, another car swerves into his lane and collides with his car, causing him severe injuries. The irresponsible driver does not have insurance and no assets. Because Bob was on the job when the accident occurred, he files a workers compensation claim. He also has an uninsured motorist claim since the other driver was uninsured. Bob’s workers compensation carrier covers his medical bills and lost wages. He then makes a claim against his uninsured auto carrier. Does he have to reimburse his workers compensation carrier for any monies he receives from the uninsured carrier? What’s next?
With all of the complexities of the law, it’s difficult to distinguish the next step when involved in a third party workers compensation claim. There are so many “what ifs” and differing circumstances that could change the outcome of each case. This is why it is important to contact a specialized professional who has the skills and knowledge to provide you with guidance and expertise.