What is Subrogation?
Subrogation is, “The substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.” (Black’s Law Dictionary 1595. 4th Ed. Rev. 1968). It is the ability for one party to assume the legal rights of another, typically by substituting one creditor for another or taking over a party’s right to sue.
The process of subrogation allows for one party to make a payment owed by another party and later collect that money from the party who originally owed it. The process functions in third-party claims, where a third party outside of the insurer and insured may be negligent. For instance, an insurance company may willingly step in to cover the costs for another insurance company in an accident to benefit their own customer. However, they would not be legally obligated to do so.
Beyond car accidents, subrogation can be done to cover costs such as medical expenses or property damage. The process greatly benefits insurance companies, as it prevents an insured party from being compensated multiple times for the same incident, and assists in recovering funds. Subrogation rights are outlined for an insured party in their insurance policy.
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Third Party Claims & Workers’ Compensation Lawyer in Hazleton
If you have sustained an injury or occupational disease or death while at work, you are likely exhausted and overwhelmed. And you are not alone; in fact, a report from the Bureau of Labor Statistics stated that, in 2020, “there were 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers.” The good news is that you are very likely eligible to receive workers’ compensation, which can relieve some of your financial burden and cover things like medical bills and lost wages.
In addition to filing for workers’ compensation, you may also be wondering if you’re able to sue a third party who played a role in your accident or injury. If you were injured in the Hazelton, PA area, and a third party (meaning anyone outside your employer and coworkers) was involved in your case, the answer is most likely yes. Did a piece of machinery malfunction? […]
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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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