R. Abrams, Chief Operating Officer
Injury Management policies, directives and memos regarding subrogation claims
that predate the effective date of this policy
11/05/12; Rev. 12/21/17
purpose of this policy is to ensure that claims services staff can identify
potential subrogation issues and make referrals to the Subrogation Department so
that BWC may recover the cost of applicable workers’compensation benefits from
a third party, in accordance with Ohio law.
policy applies to BWC Claims Services staff, BWC Legal Division’s Subrogation
Department, and BWC Actuarial Division.
an alternative dispute resolution process for pre-litigation settlements which
have reached an impasse during negotiations.
a data bank that contains bodily injury claims information on automobile,
workers’ compensation, homeowner, general liability, product liability and
disability insurance injury claims for the last ten years. Also referred to as
Subrogation: the legal right for
BWC to recover from a third party or person the costs paid to or on behalf of
an injured worker directly attributable to a third party’s negligence, which
was proven to be a contributory factor in or the cause of the accident.
for subrogation purposes, an individual, political entity (state or county
agency, etc.), or entity that creates conditions or takes actions which result
in an injury to an employee. Third party does not include an employer or
co-worker, except when a co-worker participates in horseplay which directly
results in an injury to an employee, or if the injured worker can prove an
intentional tort claim against the employer.
A. It is the policy of BWC
to actively pursue recoupment of claims costs directly caused by a third party
by identifying subrogation indicators and pursuing legal recourse as outlined
in R. C. 4123.93, et al. The third party’s negligence must be the
cause or a contributing factor in the accident or injury, and compensation
benefits must have been paid in the claim.
has the following subrogation rights:
1. May initiate
subrogation action without injured worker involvement;
2. May collect for past
and future compensation and medical benefits; and
3. May apply subrogation
rights to any claim with a date of injury on or after April 9, 2003.
BWC staff may refer to the
corresponding procedure for this policy entitled “Subrogation” for further