Accidents and injuries are common instances at the workplace, due to a range of reasons. If you face an injury at work, then it is highly possible that you qualify for Ohio workers’ compensation under laws that protect employees. When it comes to some careers, occupational hazards can be a major factor in your safety and health while performing official or work-related tasks.
These occupational hazards include any exposure or threat of injury and damage that can happen to an employee while they work. Some examples include accidents at construction sites that may lead to heavy bricks falling on a builder; or electricians that can face electrocution or a dangerous fall. If you face an accident like this and are left injured, it is important to consider both worker’s compensation and subrogation.
When an Ohio workers’ comp claim arises, the causes, mechanisms, and events that led to the injury are sometimes purely the fault of the employee due to operational or human error. This worker can, however, also face an injury because of other reasons. These reasons include a technical malfunction, unstable equipment, or lack of safety precautions. If such an injury is caused by a third party, then it also becomes a concern that can lead to subrogation.
What Is Ohio Workers’ Comp Subrogation:
A legal review of a worker’s injury is sure to involve insurance and coverage claims that can benefit you at the cost of your employer or your insurance provider. However, the involvement of a third party can create a legal opportunity for all others involved.
Let’s say that an outsourced team is hired by a company to ensure safety precautions and equipment conditions. Even if it is as simple as making sure ice doesn’t make outdoor surfaces slippery, this outsourced worker’s failure to do this job can cause another worker to face a serious injury by slipping and falling.
In such cases, a subrogation claim is also possible which allows an insurance provider company to seek compensation from the at-fault third party. This can help reimburse their costs and spending on the injured worker’s medical bills, lost wages, and over coverage.
The first part of such a claim is to ensure that the third party was at fault for causing the injury of the worker. Because the worker themselves are facing the pain and trauma of an injury, it is upon the injured worker’s legal representative to notify their insurance company about the subrogation claim and ensure written permission is also acquired as a notice of approval.
Once this is achieved, your legal representative will decide on an amount of compensation to be claimed; an amount of which can be partially moved to the at-fault third party. Naturally, the right to subrogation can benefit both the injured worker as well as the insurance provider while fining any defaulters.
What Cases Can Involve Subrogation?
In most cases, the fault of the third party is proven by the following three actions that the third party commits:
- A direct form of action that can be hazardous or inaction that can lead to an accident or a fatality, such as the ignorance of safety precautions or direct creation of a hazard
- Faulty equipment or hazardous tools that were supplied, manufactured, or in any way managed by a third party. This is especially common when any equipment or machinery malfunctions or causes an accident that is proven not to be the fault of the worker’s action or any human error on the worker’s part
- If the injury is caused at any property or workplace that is owned by a third party, especially if such a location poses any hazards to workers. This is common in construction and manufacturing worksites that are owned or managed by a faulty third party
How a Subrogation Claim Can Affect the Injured Worker:
Noticeably, when two claims are being processed at the same time, results can vary. If the worker’s compensation claim is yet to be completed and a compensation amount has not been paid yet, it is still entirely possible to pursue a subrogation claim targeting the third party. However, a full claim on any compensation is only possible after the workers’ compensation has been settled and completed.
Additionally, if a subrogation claim is settled and paid before a workers’ compensation claim is paid off by the insurance provider, it may also be an opportunity; the insurance company can present the subrogation result as a remedy for any worker’s compensation needed, shifting the burden onto an at-fault third party who must now pay off all worker’s compensation.
Defend Your Right to Ohio Worker’s Comp Claim Subrogation Today:
It is also highly important to enlist the help of an experienced attorney when pursuing a subrogation claim. At Ohio Workers Compensation Lawyers, our team of dedicated attorneys is well versed in the issues that come with Ohio workers’ compensation. Contact us today and protect your rights as an employee and citizen.