Workers' Comp Subrogation

Machine design and SAFETYTROUGHDESIGN^® play integral roles in any workers' comp subrogation case. To be successful in identifying these subrogation claims, you have to look beyond what the injured worker did and begin to analyze the machine design for uncontrolled hazards, which over time will cause unintentional injuries. Real safety starts with engineering and design, not with the user of a piece of machinery. SAFETYTROUGHDESIGN^® is the standard against which the machine design is ultimately judged.

Identifying subrogation or third party liability claims in Workers' Compensation injuries is important not only to the adjuster but also to the attorney representing the injured worker. To be successful at subrogating workers' comp claims, begin analyzing all claims by first thinking about what's wrong with the design as opposed to what the worker did wrong.

Including safe guards in the design process is much more effective than training employees to "be safe." It is a known fact that unguarded machines and uncontrolled hazards will in time produce their share of injuries, no matter what kind of training program is in place.

To pursue an injured worker's claim remember the following:

• Most unintentional injuries are preventable.
• Most unintentional injuries have multiple causes.
• Contact with an uncontrolled hazard causes injuries.
• Safety is not just the responsibility of the worker.
• You must look beyond what the injured worker did.
• Analyze the design of the machinery, equipment or facility.
• The design is unreasonably dangerous and defective if a hazard that caused the injury could have been eliminated or safeguarded economically.