Subrogation

Subrogation may apply where the injured worker has a "third party action" as a result of the injury.  A "third party action" exists when a worker suffers an injury in the course of their employment which gives them a right to workers' compensation and also gives them a right to sue someone in tort. The tort suit is referred to as a "third-party action."

Subrogation means that the Bureau of Workers' Compensation or Self-Insured Employer is entitled to receive reimbursement of workers' compensation benefits paid where the injured worker has a "third party action" as a result of the injury.

Other information:

• Court: A Court of Appeals has ruled that the current subrogation statute is constitutional. (November, 2006)
  
  
• Court: Another Court of Appeals has declared the previous subrogation law unconstitutional.    (March, 2002)
  
  
• Legislative: The Governor has signed a new subrogation law, which will become effective April 9, 2003.  The bill will apply to workers who have a workplace injury which involves a potential "third party action" (an action arising outside of the workers' compensation system). (February, 2002)
  
  
• Legislative: A new subrogation bill, Senate Bill 227, has been introduced in the Ohio Legislature. (February, 2002)
  
  
• Court: A Court of Appeals has found that the subrogation statute in effect from 1993 to 1995 was unconstitutional. (December, 2001)
  
  
• Court: The Ohio Supreme Court has declared the workers' compensation subrogation statute unconstitutional. (July, 2001)