How does a subrogation in workers comp case work?

UPDATED: Jul 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How does a subrogation in workers comp case work?

If I settle a workers comp case with my employer over an injury caused by a third party and my employer then seeks repayment of workers comp related expenses from the third party, can I also seek damages from the third party (pain and suffering)?

Asked on July 27, 2011 Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please seek consultation from an attorney in your area on this matter and bring with you the settlement that you agreed to in the comp case.  Please tell me that you had a workers comp attorney helping you with the mattter.  The agreement with your employer  - without reading it  - should only be to allow them to be reimbursed for the payments made to you for medical care and lost wages.  It does NOT allow your employer to sue them on your behalf for the personal injury damages to you.  You have every right to do that.  Generally, you can not subrogate that type of claim.  Please seek help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption