Legal Question in Workers Comp in Massachusetts

My company had an employee injured on the job while acting at the direction of the owner. Our workers comp coverage quickly paid the claim, but the insurance company is now pursuing 3 other parties all of which had some role in the events leading to the injury. The insurance co wants to recover its money paid. If a lawsuit results from this (in subrogation I think?) the 3 other responsible parties will all probably claim my comp had a role in the events eventually resulting in the accident.

Can those other parties who are targets of an insurance subrogation claim (with whom my company worked at the time of the injury) bring my company into that lawsuit and seek recovery of my co's proportional share (tho we deny any whatsoever) of contribution to or responsibility for the events causing the injury? Can they bring me to a subro case and make me contribute to paying back the insurer for WC damages it paid of my behalf? Or are we insulated from exposure under the WC coverage we purchased for role (if any) in the events that led to the injury for which WC $ was paid? Difficult questions; I would appreciate any comments, ideas or thoughts. Thanks very much.


Asked on 6/25/10, 9:29 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

Based on what you wrote, the third parties cannot bring you in on a subrogation claim. Howver, did your company have a contractual relationship with the third parties? If so, you need to review the indemnity lanquage in the contracts carefully. If you want to discuss this further, please call me Monday at 617-426-7400.

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Answered on 6/27/10, 7:28 pm


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