If an employee is injured at work due to someone else's fault, they can sue that person apart from their workers' comp claim. However, the employer and insurer may also have a right to some of the money from that lawsuit. Credit: Freer/Adobe Stock If an employee is injured at work due to someone else's fault, they can sue that person apart from their workers' comp claim. However, the employer and insurer may also have a right to some of the money from that lawsuit. Credit: Freer/Adobe Stock

Often the question is asked by workers' compensation clients whether they should pursue a subrogation lien or simply waive it as part of settlement. This commentary will pursue the pros and cons of the available remedy and whether it makes strategic sense to pursue same.

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