March 2020 Subrogation Newsletter

As we closely monitor developments around the spread of COVID-19, the health and safety of MWL employees around the country and our ability to provide seamless continuity of subrogation services to our clients are of utmost importance. During this crisis, most of our employees are working from home remotely and we will continue to provide the same prompt and responsive services that our clients are accustomed to. Rest assured that the referral of files to MWL is safe and secure because cybersecurity is and always has been a high priority. Over the last several years, MWL has taken dramatic steps to increase and maintain cybersecurity in-house and for staff working remotely. If your current subrogation law firm or vendor is not doing the same; you and your insured’s data, sensitive medical information, and PHI is not secure.

The chances of contracting the Coronavirus (also called “COVID-19”) are slim, but the number of those infected is increasing daily. It is only a matter of time before a worker contracts COVID-19 through their place of employment (i.e., a doctor, emergency responder, etc.). After a worker exposed to the Coronavirus contracts the disease, there could be grounds for a valid a workers’ compensation claim for an industrial injury. The repercussions are mind-boggling.

Many subrogation professionals are or will find themselves working from home in the near future. While much can be accomplished from a computer keyboard, there are certain activities essential to investigating and litigating subrogation files which are going to mandate a creative approach. This article highlights some areas that subrogation professionals need to consider and some possible solutions.

When employees work remotely from home or other locations, the normal rules of course and scope can become complicated and confusing. The same is true of subrogation potential. In the wake of the global pandemic involving the COVID-19 coronavirus, employees across the globe are being told to work from home or given that option. Claims handlers and subrogation professionals should be aware of the many legal nuances that arise when employees work from their couch or the local Starbucks.

The world-wide spread of COVID-19 (Novel Coronavirus) presents us all with rather interesting questions about the power and role of federal and state government. Many are wondering whether the government has the authority to shut down a company and effectively put them out of business in conditions such as these.