Legal Question in Personal Injury in California
Recoverability from ngligent third pary of workman's comp. ins. premium
Under California law, can I as an employer, recover damages from a negligent third party for my increase in workman's compensation insurance premiums? In the case of a truck accident, my workman's comp. premiums were raised for a three year period based on the injury benefits paid to the workers. These costs were the direct result of these benefits paid. From my perspective, these increases are statutorily mandated and therefore would qualify as "foreseeable" damages [Cal.Insurance Code Sec.11734]. regardless of any recovery that my insurance carrier accomplished for their losses from the ngligent third party, the losses were on my record for sufficient time to trigger the "esperience modification" and resultant premium increases.
1 Answer from Attorneys
W/C Premium increases
Interesting question. As it happens, I do some freelance legal writing, and last year helped a firm which does a LOT of W/C subrogation all over the country to write a handbook on the laws of all 50 states.
I found that some state's laws expressly do provide that an employer can include a rate increase in their claim against the negligent party. I didn't see such a provision in the California statute. But that doesn't mean there might be some court decisions which would allow it. In any event, you (and your insurer) has a claim to recover the benefits paid, and any such claim for premium impact would probably have to be included as part of that claim).
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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