Which Workers’ Compensation ‘Benefits’ Can Be Subrogated?

It’s the question every claims professional and trial attorney claims to know but few fully understand.

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, rehabilitation benefits, third-party vendor costs, nurse case management fees, workers’ compensation case attorneys’ fees, and the like.

They pay significant attorney’s fees on permanency awards and incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims.

Which of these benefits are recoverable in workers’ compensation subrogation remains a point of considerable confusion and contention . . .