Dustin W. Osborne’s comprehensive article entitled, “Take Back What’s Yours: A PEO’s Guide to Workers’ Compensation Subrogation,” has been published by PEO Insider.

Partner and co-chair of Goldberg Segalla’s Professional Employer Organizations practice group, Dustin analyzes the concept of subrogation – a legal principle allowing an insurance company that has paid out a claim to a policyholder to pursue legal action against the at-fault party to recover the money it paid. Dustin unpacks workers’ compensation subrogation for PEOs, including red flags, its role in claim mitigation, and strategies for maximizing recoveries.

“For PEOs, the ability to recoup benefits previously paid in a workers’ compensation claim can be a game-changer, helping to control expenses and reduce claim losses,” Dustin says. “Yet, many PEOs miss out on this significant opportunity due to a lack of proactive identification or a full understanding of the process, which varies widely by state.”

Dustin explains that some states offer strong recovery rights while others impose limitations and procedural barriers, making it critical for PEOs operating in multiple jurisdictions to keep up to date and understand these nuances.

Moving on to identifying subrogation opportunities, Dustin lists, as a general rule, the most common cases in which such possibilities arise: motor vehicle accidents, defective equipment or machine failures, premises liability, and contractor and subcontractor negligence.

“Recognizing subrogation potential early in a workers’ compensation claim is crucial to maximizing recovery. Unfortunately, because subrogation is often lower on the priority list when triaging a new claim, many viable third-party claims go unnoticed,” he says. “PEOs that know what to watch for and incorporate subrogation awareness into their claims-handling processes can help put an end to leaving this money on the table.”

To conclude, Dustin identifies the key ideas PEOs should integrate into their claims-handling process.

“By identifying opportunities early, preserving evidence, and working closely with subrogation recovery experts, PEOs can take back what is rightfully theirs—maximizing financial recoveries and strengthening the bottom line.”

READ THE FULL ARTICLE HERE

MORE ABOUT GOLDBERG SEGALLA’S DUSTIN W. OSBORNE:

Dustin co-chairs Goldberg Segalla’s Professional Employer Organization (PEO) group, which serves the complex legal needs of PEOs. Dustin’s deep understanding of the complexities surrounding workers’ compensation laws and regulations allows for a truly collaborative and creative approach alongside PEOs to ensure their unique needs are being met. As counsel for a number of PEO clients, he monitors litigation and legislation in jurisdictions throughout the country, including how various states handle the issue of workers’ compensation coverage for non-leased employees.

In addition, as a member of the firm’s New York Workers’ Compensation Subrogation team, Dustin assists employers and insurance carriers in navigating all issues pertaining to compensation liens and subrogation, including calculating and protecting liens, responding to requests for lien compromises, and obtaining lien recoveries for clients.