BWC subrogation: Motor vehicle accidents

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 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 accidents that include fatalities often have catastrophic injuries – and the costs associated with those claims can be devastating to businesses.

Bricker & Eckler attorneys worked with legislators to fix this. The new law permits employers in situations as those described 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.