Currently in Pennsylvania, a worker's compensation carrier is entitled to subrogate the amount of the third-party recovery, reduced pro rata by costs and fees, even though some of the damages are for noneconomic losses. (Photo: Thinkstock)
The Pennsylvania Constitution provides the fundamental right of legal redress, to every person who has suffered an injury at the hands of a negligent party. The right of a remedy is a legal linchpin of the state constitution, and often the most contentious.
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