BWC Subrogation: Motor Vehicle Accidents

Date: September 05, 2018

Guest Article from our Partner Bricker & Eckler LLP

Effective September 13, 2018, a change in Ohio workers’ compensation laws permits employers to request subrogation for motor vehicle accidents where the at-fault, third-party is not issued a citation. 

Previously, employers could request to charge the surplus fund for at-fault, third-party motor vehicle accidents, but only if the at-fault party was issued a citation.  This created problems for many employers in claims involving motor vehicle accidents where the at-fault, third-party passed away at the scene, because a deceased individual cannot be cited.  Unfortunately, survivors of fatal accidents generally have catastrophic injuries – and the costs associated with those claims can be devastating to businesses. 

While assisting one of our Ohio NFIB members through the Legal Defense Program, attorneys at Bricker & Eckler LLP worked with legislators to fix this.  The new law permits employers in situations as those above to file an AC-28 application even when the third-party is not issued a citation so long as there is other documentation to demonstrate that the third-party was primarily liable.

Additionally, the law will be applied retroactively to any claim occurring on or after July 1, 2017.  The BWC is already accepting applications from employers where an AC-28 was previously denied.  New applications for claims dating back to July 1, 2017 will be accepted after September 13, 2018.

If you have a claim involving a motor vehicle accident and your employee was not at fault, you may qualify for subrogation.  Contact an attorney at Bricker & Eckler LLP to determine if you may qualify. 

Author: Sue Roudebush

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