Understanding Subrogation Rights in Wisconsin Workers' Compensation Claims: Green Bay Workplace Injuries
When a workplace injury occurs in Green Bay, Wisconsin, understanding subrogation rights becomes crucial for both injured workers and their employers' insurance carriers. Subrogation in workers' compensation claims refers to the legal right of an insurance company to recover costs they've paid for an injured worker's medical care and lost wages from a third party who may be responsible for the injury. For example, if a delivery driver is injured at work due to faulty equipment manufactured by a third party, both the workers' compensation insurance carrier and the injured worker may have claims against the manufacturer. This complex interplay between workers' compensation benefits, third-party liability, and insurance recovery rights can significantly impact the total compensation available to injured workers and requires careful navigation of multiple legal frameworks.
Legal Rights and Considerations: Under Wisconsin Statute § 102.29, workers' compensation carriers have specific subrogation rights to recover payments made to injured workers from responsible third parties. The statute requires that any third-party settlement must be approved by all parties, including the workers' compensation carrier. Injured workers must file their workers' compensation claim within 12 years of the date of injury or within 6 years of when they knew or should have known about the injury. Wisconsin follows a modified comparative negligence system, allowing recovery as long as the injured party is not more than 50% at fault. Available compensation may include medical expenses, temporary total disability benefits, permanent partial disability benefits, and vocational rehabilitation services. An experienced Green Bay workplace injury attorney will handle all aspects of the legal claim.
Examples of workplace accidents and injuries that can lead to a personal injury claim include:
- Green Bay Construction Accidents
- Green Bay Crane Accidents
- Green Bay Electrocution Accidents
- Green Bay Power Line Accidents
- Green Bay Toxic Exposures
Related Resources:
Brown County Circuit Court 330 E. Walnut Street Green Bay, WI 54301
Wisconsin Department of Workforce Development Worker's Compensation Division 201 E. Washington Ave. P.O. Box 7901 Madison, WI 53707
Support Services:
- Wisconsin State Bar Association Lawyer Referral Service
- Worker's Compensation Advisory Council
- United Way 211 (assistance with social services)
Legal References:
- Wisconsin Workers' Compensation Act (Chapter 102)
- Wisconsin Department of Workforce Development Administrative Code
- Wisconsin Civil Court Procedures (Chapter 801)
Return to the Green Bay workplace injury information page
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