Although worker's compensation is the exclusive remedy against an injured worker's employer, there are some cases in which the injured worker can also pursue a claim against the at-fault.
This means that the injured worker may be able to pursue a recovery from both workers' compensation and the at-fault third party.
There is some overlap in the benefits that an injured worker can collect from workers' compensation and the at-fault, which means that the injured worker may recover twice for the same injury. To prevent this from happening, the South Carolina Workers' Compensation Act provides that the workers' compensation provider has a right of "subrogation" and get paid back for the benefits it paid from any liability recovery from the at-fault third party.
What is subrogation in Workers' Compensation? How does the right to recovery work in these situations? Let's take a closer look.