WORKERS’ COMPENSATION SUBROGATION


Keis George litigates workers’ compensation subrogation in state and federal courts in Illinois and Indiana. We also handle out-of-state claims and claims involving injury in Illinois. Once an employee files a workers’ compensation claim and a third-party is involved, there may be an opportunity for subrogation recovery, credits, and reimbursements. Our attorneys collaborate with carriers to review and analyze files, identifying third-party responsibility, and proposing a strategy to pursue recovery through complex litigation. We determinedly pursue all effective avenues of subrogation for carriers.

Workers’ compensation subrogation

Most workers’ compensation cases begin with the carrier or employer placing a lien on the injured worker’s personal injury recovery. The worker may have the right to recover from a third-party but must acknowledge a lien for payments made on medical treatment, lost time, and indemnity. Therefore, when the at-fault third-party pays a judgment or settles a claim against a third-party, you as the carrier or employer may have a right to a portion of the recovery. We litigate a full range of workers’ compensation subrogation disputes:

      • Employee injury;
      • Defective industrial equipment and machinery;
      • Recovering attorney fees by the carrier;
      • Out-of-state lien;
      • Restricting attorney fees claimed by the injured worker’s counsel;
      • Failure to notice;
      • Subcontractor negligence; and
      • Uninsured and underinsured motorist benefits.

Evaluating the initial claim and starting with your file can be complex. If you are on record having disputed the claim or any of the benefits, the case for subrogation can suffer. However, as your advocate, we are determined to accurately assess your subrogation claim and provide trustworthy counsel as we work to identify the best potential for a good recovery.

Subrogation lawyers

There are many business and policy factors to consider in a workers’ comp subrogation claim. As it is your right to recover your lien, we will review such factors as preparing an intervention to protect your lien and allocating the third-party recovery. Other risks of litigation, such as contractual limitations to subrogation, indemnity issues, statutory defenses and contributions, liens, and the Made Whole Doctrine may prove that the third-party is not worth pursuing. Potential advantages of retaining our subrogation litigation team include:

      • Subrogation litigation by actual subrogation lawyers — Self-insured workers’ compensation and workers’ compensation subrogation are very different beasts. For this reason, hiring a subrogation attorney often gives the client a strategic advantage in actions for recovery against an opponent who mistakenly retains a workers’ compensation lawyer with minimal subrogation knowledge.
      • Enhanced claims management — Organizing your claims and determining how and when to approach them are key elements to maximizing value. Keis George Reports, our Client Portal, synchronizes with dozens of systems delivering critical information to keep us one step ahead of pertinent events, such as statutory deadlines, a party’s default on an agreement, or a change in case law. Do not rely on general knowledge to determine a file’s merit. Our firm may discover key bits of information that may change that determination. Our Second Look Program offers research and enhanced analysis to determine if subrogation recovery is possible and advantageous.

Though counterintuitive, workers’ compensation payments are simply a cost of doing business. At Keis George, we are determined to protect you from unnecessary financial burdens so you can focus on working recoverable files and possibly improving your ratio of files closed with an improved recovery percentage.

Workers’ compensation subrogation recovery

Keis George employs a unique approach to workers’ compensation subrogation, working directly with claims professionals to identify third-party responsibility and pursue recovery through complex litigation. For skilled analysis and determined representation of your file, contact our workers’ compensation subrogation lawyers to schedule a consultation.

Report a Subrogation Loss