Understanding BWC Subrogation Rights
According to the Ohio Bureau of Workers’ Compensation (BWC), “subrogation is a basic principle of insurance that reduces a person’s ability to ‘double dip’ benefits at the expense of another person. Subrogation also lets BWC recover some claims costs from a liable third party, but not at the expense of the injured worker.” Needless to say, truly understanding BWC subrogation rights is not always that easy.
Jacqueline Ketterer, the mother of David Fahey Jr., the Cleveland Police Officer killed in the line of duty earlier this year is fighting with the BWC because the state agency put a lien on insurance payments over hospital bills.
How sad. A mother loses her son and has to fight with the BWC about subrogation. Unfortunately, the state has a subrogation statute that, in essence, states that if an injured worker recovers from a third party tortfeasor’s insurance, they have to pay back the BWC. This applies also to a self-insured workers compensation claim where the injured worker recovers from the wrongdoer. He must pay back the self-insured.
Here, it’s a little bit more complicated because the claims should be made against the decedent’s estate, not as a lien on the proceeds. The reduction from $8,000 to $2,000 is a sign of good intentions, but waiving the fee in its entirety would be even better.
If you were injured or have any questions related to prior injuries, don’t hesitate to contact us. Your employer has lawyers working hard for them, shouldn’t you?
At Taubman Law, we strive to ensure you receive the workers’ compensation benefits you deserve and are entitled to. We will advise you of your rights and fight your legal battle relentlessly on your behalf.
This post was written by Cleveland attorney Bruce Taubman, who practices workers’ compensation, personal injury, and medical malpractice throughout Ohio.
Taubman Law primarily practices in personal injury, medical malpractice, workers’ compensation law, and employment discrimination throughout Northeast Ohio and beyond. For more than 40 years, the Taubman Law Family has been helping our clients receive the compensation that they deserve. Come and see us at our Ohio City office (1826 West 25th) for a free consultation or contact us here to set up an appointment. A lawyer who cares is right around the corner. Taubman Law — Smaller, Smarter, Better.
