Governor Signs Subrogation Law
On January 8, 2003, Governor Taft signed Senate Bill 227, which provides a new workers’ compensation subrogation law, effective April 9, 2003. [The Ohio Supreme Court declared the previous subrogation law unconstitutional.]
What is subrogation?
Subrogation applies 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.
Subrogation means that the BWC or self-insured employer has a right to reimbursement of workers’ compensation benefits paid where the injured worker has a “third party action” as a result of the injury.