New Mexico Mutual

Third Party Claims/Subrogation

  • Claims with subrogation involve a third party (someone other than co-workers or the employer) who may have contributed to a work related accident or illness. Usually these claims involve a defective product, a motor vehicle accident, or other the negligent acts of others.
  • Workers’ Compensation is primary, meaning we are the first payer when an accident occurs. However, receiving workers’ compensation benefits does not bar the worker’s right to peruse a claim against the third party.
  • If an injured worker makes a recovery against a third party, we have a right to recover any benefits paid that overlap with benefits recovered.
  • Since each case involves distinct facts it is important that the injured worker keep in contact with the claims adjuster regarding the status of the third party case.