If you are injured on the job because of the fault of someone other than your employer, you can bring a personal injury action against the person/company at fault. A complication in this type of lawsuit is that the employer/insurer that paid workers’ compensation benefits has a right to be reimbursed from the money recovered in the personal injury lawsuit. This is called a right of subrogation, and can sometimes leave little money for the injured worker.
We recently settled a personal injury lawsuit for $600,000. The employer that paid workers compensation benefits tried to claim a right to nearly $280,000 of the settlement as reimbursement. This would have left very little money for our client. We filed suit against the employer and asked the Court to reduce the reimbursement amount. The Court agreed with our position and reduced the reimbursement to approximately $45,000. The employer appealed the decision.
We prepared legal briefs and appeared in the appellate court to argue the case. We are happy to report that the appellate court upheld the decision in favor of our client. This great result put an additional $235,000 in our client’s pocket. This was a hard-fought win for a very deserving client.