Ohio workers who suffer injuries, incur medical expenses and are confronted with lost wages from injuries that did not occur on the job should be aware of subrogation and how it affects workers' compensation benefits. With subrogation, the Ohio Bureau of Workers' Compensation will collect benefits for injured workers if their injuries were caused by a third party. Often, for the worker to receive subrogation, there must be a settlement or a judgment against the party deemed at fault.
Under state law, the BWC, employers who self-insure, and employers who contract for medical services to be paid directly have the right to subrogation. With subrogation, the employer who self-insures can collect the costs for the workers' compensation claim from who or what caused the injury. Expenses that can be recovered include: medical expenses, rehabilitation costs, future compensation, and death benefits. A frequent reason for subrogation is if the worker was in a car accident that was caused by another driver. There are other circumstances where it can be used, including premises liability, product liability, medical malpractice, a construction site accident that was caused by a third party, or an animal attack.