Pennsylvania bill would give employers subrogation rights

The Pennsylvania Senate passed a bill that would allow employers to sue a third party to recover workers compensation payments.

The Republican-sponsored bill, S.B. 319, which narrowly passed Monday in a 27-23 vote, would give employers the right of subrogation against a third party if that party’s actions caused either in whole or in part, through an act or omission, an employee’s compensable injuries.

Under the bill, the employer would be entitled to reasonable attorneys fees, and any recovery in excess of the workers compensation paid by the employer would be treated as an advance payment by the employer on account of any future compensation.

The legislation is now under consideration in the Assembly. If signed into law, it would take effect in 60 days.