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Can Workers Compensation Carriers Subrogate Against Uninsured Motorists Benefits?

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Can Workers Compensation Carriers Subrogate Against Uninsured Motorists Benefits?

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By Gary L. Wickert This article was published in the National Association of Subrogation Professionals (NASP) Subrogator. Every state has a system of workers” compensation to provide benefits for workers injured on the job. These benefits are paid regardless of fault and usually according to a statutory scheme set forth in the state statute. Where the work-related injury is the result of negligence of a third-party tortfeasor, most states grant the employee a right to pursue the third-party tortfeasor for damages resulting from the injury, and give the workers” compensation carrier some sort of subrogated interest, lien, or statutory scheme of reimbursement with the idea of preventing a double recovery to the employee and reducing the burden of insurance to the employing public of the state. Frequently, the employee will not only make a recovery from the third-party, but will also make a claim against and recover damages from an uninsured motorist”s carrier. The possibility against

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