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Don’t Lose Your Head! Or Arm, Leg, or Other Body Parts: How Workers’ Compensation Subrogation Professionals Can Still Obtain Lien Recoveries Despite Worker Error (Part 1)

2020 National Association of Subrogation Professionals Spring Conference (Nashville, TN) | April 24, 2020

Workers’ compensation subrogation professionals contend with machinery accidents every day. Often times these accidents result in life altering amputation injuries and even death. Although the resultant liens created are substantial, many times recovery is not pursued in product liability claims because many industry professionals and employers believe that if trained workers voluntarily place body parts into moving machinery, there is no basis for subrogation.

Robert Caplan and Brett Tishler will co-present at the National Association of Subrogation Professionals (NASP) 2020 Spring Conference. Using 4 case studies, their program, entitled “Don’t Lose Your Head! Or Arm, Leg, or Other Body Parts: A Legal and Expert Case Study Analysis Showing How and When Workers Sustain Amputation Injuries While Operating Machinery and How Workers’ Compensation Subrogation Professionals Can Still Obtain Lien Recoveries Despite Worker Error (Part 1),” will illustrate how national and state standards and industry custom can be used to prove that, despite the conduct of the worker or employer, a properly designed or manufactured product could have prevented a life altering injury, thus allowing for a lien recovery.

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