Workers' Compensation

Recent Posts

Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
Posted on 3 Aug 2018 by Thomas A. Robinson

In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently... Read More

Texas: Comp Carrier May Not Rush in Through Back Door to Claim Lien on Settlement Proceeds
Posted on 15 Jun 2018 by Thomas A. Robinson

In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or... Read More

Pennsylvania: Employer Gets No Subrogation Rights for Recovery under State’s Motor Vehicle Responsibility Law
Posted on 1 Jun 2018 by Thomas A. Robinson

In Pennsylvania, as in most states, an employer or carrier who has paid out workers’ compensation benefits enjoys a strong statutory subrogation right in any third-party recovery that the injured worker may enjoy. The Supreme Court of Pennsylvania... Read More

Illinois: Employer’s Right to Workers’ Compensation Lien is Absolute
Posted on 18 May 2018 by Thomas A. Robinson

Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a... Read More