Workers’ Compensation Subrogation

In cases where workers’ compensation benefits have been paid and a third-party bears some liability for the injuries suffered by an employee, employers and insurers have rights that allow for recovery of those payments. However, obtaining that recovery can be a difficult and at times confusing process.

Other parties may attempt to settle around the workers’ compensation carrier or allocate a global recovery in a less than favorable manner. Accusations of an employer’s negligence may limit recovery. At the same time, certain cases present the opportunity to waive a portion or all of your subrogation rights in exchange for a closeout of future workers’ compensation benefits.

Ryan J. Courtney has protected the subrogation interests of insurers and self-insured employers in both Minnesota and Wisconsin. He has fought for favorable allocation in global settlements, worked with defendants to settle around unreasonable employees, represented insurers in cases where employees have settled their third-party claims without considering the workers’ compensation interest, and coordinated workers’ compensation settlements with reduction or waiver of subrogation rights. Having a thorough knowledge of all options available, he has consistently maximized subrogation recoveries for his clients.