Workers’ Compensation Subrogation

Workers’ Compensation Subrogation  


WC Subrogation  

In the realm of workers’ compensation, recovering funds from third-party tortfeasors is often a complex and daunting task. At Kelley Kronenberg, we specialize in providing top-tier representation for insurers seeking to recoup funds rightfully owed by these liable parties.  

Understanding Subrogation 

Subrogation is more than a legal term; it’s a mechanism that allows insurers to step into the shoes of their clients and pursue recovery from those responsible for causing losses. It involves meticulous investigation, negotiation, and, when necessary, litigation to ensure accountability and rightful compensation.  

Why Choose Kelley Kronenberg? 

At Kelley Kronenberg, our expertise in workers’ compensation subrogation sets us apart: 


Our team boasts extensive experience in navigating the intricacies of subrogation negotiations, and we are equally adept at litigation when the need arises. We understand the nuances of the law and how to effectively advocate for our clients.  

With nearly 45 years of defending workers’ compensation insurers, we bring unparalleled experience to the table. As partners in claims handling, we understand our clients’ priorities, corporate cultures, and unique challenges. 


We are committed to delivering tangible results for our clients. Our approach focuses on maximizing recovery while minimizing costs and delays.  

Our proactive approach involves leveraging innovative strategies and in-depth legal expertise to ensure our clients receive the best possible outcomes in the least amount of time. With a relentless focus on efficiency and effectiveness, we go above and beyond to secure the recoupment our clients rightfully deserve.  

Tailored Solutions 

Every case is unique, and we provide personalized solutions tailored to each client’s specific needs. From lien negotiation to enforcement proceedings, we have the skills and resources to achieve favorable outcomes. 

Client-Centric Service 

Our commitment to our clients is unwavering. We recognize that every case is as unique as the clients we serve. We pride ourselves on fostering collaborative partnerships with our clients, working closely to understand their individual needs, challenges, and objectives. Through open communication and active engagement, we ensure that our strategies are aligned with our clients’ goals every step of the way. 

Our team of seasoned professionals combines legal expertise with innovative thinking to develop tailored solutions that address the complexities of each situation. By customizing our approach to fit the specific requirements of our clients, we maximize efficiency and effectiveness, ultimately achieving favorable outcomes that exceed expectations. 

Statewide Presence 

Based in Florida, our subrogation practice extends statewide. We have a deep understanding of Florida laws and regulations, allowing us to represent clients across the state with excellence. 

Frequently Asked Questions

In Florida, what dictates the amount an Employer/Carrier can recover from a workers’ compensation subrogation lien?

Florida Statute 440.39 provides the statutory framework for an Employer/Carrier’s entitlement to lien recovery. Manfredo v. Employer’s Casualty Insurance Company, (560 So.2d 1162, Fla. 1990) and City of Hollywood v. Lombardi, (770 So.2d 1196, Fla. 2000) further interpret the statute and establish the formula to calculate the lien percentage. In short, the Employer/Carrier’s lien percentage is dictated by the claimant/plaintiff’s net third-party settlement recovery as compared to the “actual value” of the third-party claim. The challenge in resolving workers’ compensation subrogation liens is determining the “actual value,” as the full valuation of the third-party claim can be debated by reasonable parties.  

In Florida, does the Employer/Carrier need an attorney to recover a workers’ compensation subrogation lien?

If the third-party action is litigated, the Employer/Carrier will need an attorney to file a Notice of Lien on its behalf. If the third-party action is not litigated, the Employer/Carrier does not require an attorney but must notify the parties of its lien in a timely manner. Failure to timely notify the third parties of lien entitlement could result in waiver of the lien. Ultimately, it is recommended that a subrogation attorney be retained for several reasons: (1) To ensure proper/timely notice of the Employer/Carrier’s lien, (2) To investigate the relevant third-party issues that will impact the settlement value, the “actual value” and consequently the lien percentage, (3) To assist with negation and resolution of the lien and (4) To draft a Lien Stipulation to memorialize the terms of the lien.  

Concerning a Florida claim, if the third-party action settles, but the workers’ compensation claim remains open, is the Employer/Carrier entitled to recovery from future benefits?

The statute and case law allow for lien recovery related to past and future indemnity and medical payments. If the third-party claim settles, and the workers’ compensation claim remains open, the Employer/Carrier is permitted to offset future indemnity and medical benefits by the lien percentage agreed to by the parties. However, the total amount recovered by the Employer/Carrier (i.e., lien recovery of past and future benefits) cannot exceed the Claimant/Plaintiff’s net third-party recovery. Waiving a future offset but increasing the lien recovery related to the past benefits, is a strategy that can be considered by the Employer/Carrier due to the administrative difficulties in monitoring the future offset to not exceed the net recovery.