Subrogation
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. 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.
Other information:
- Court: The Supreme Court has ruled
that the workers' compensation subrogation system is
constitutional. (March, 2008)
- 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, 2003)
- 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)
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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