Settling Workers’ Compensation Subrogation Claims Independent of Employees’ Claims

Aggressive subrogation practitioners always look for short cuts. Ours is an industry in which the “bottom line” means the difference between success and failure. If a workers’ compensation subrogation claim can be resolved quickly—even before the employee settles the third-party action filed by him—it improves the cost-effectiveness of the result. In many states, a workers’…

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Understanding The Effect Of Experience Modifiers On Workers’ Compensation Insurance Premiums

It is said that good judgment comes from experience, but experience comes from bad judgment. That pithy aphorism is generally true in life, but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious workers’ compensation claim. The same is true even if the claim was not the employer’s fault. Is it…

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To Release Or Not To Release? That Is The Question

Extinguishing Third-Party Liability as a Prerequisite to Contribution The absence of a simple sentence in a release signed by the claimant after settling a liability claim is costing liability carriers millions of dollars in contribution recoveries across the country. By the time they discover the mistake, it is too late. In contribution claims, a liability…

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The Cost Of Subrogation Procrastination

Delays in Referring File to Subrogation Counsel Can Be Expensive. In July 2017, we published an article in the Claims Journal entitled “Ten Subrogation Mistakes Insurance Companies Keep Making.” A copy of the somewhat controversial article can be viewed HERE. Thirty-four years of subrogation litigation experience had distilled ten of the most common mistakes that…

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