The Subrogation Strategist

The North Carolina workers’ compensation subrogation statute does not permit employers or their compensation insurers to claim a “future credit” against future exposure.¹  In this respect, North Carolina departs from the classic rule in the overwhelming majority of jurisdictions.²

Despite this minority position as to future credit, however, the North Carolina Workers’ Compensation Act does require courts to consider workers’ compensation insurers’ future “exposure” when determining if and how much of the insurer’s lien will be paid back.³  An ... Continue Reading