Subrogation is a legal principle that focuses on the right of a third party to step into the shoes of the injured party to recover costs they've paid out. In Georgia, the subrogation lien is equal to the total amount of workers' compensation benefits actually paid in the claim.Subrogation occurs when one party stands in for another party in a legal claim, usually to claim part of their financial recovery. Learn how health insurance subrogation works after an accident in Georgia and what your rights are when an ERISA plan seeks reimbursement. Georgia law also allows the injured employee to bring a separate claim against any third party that is responsible for causing the injuries. When another party is primarily at fault for your damages, State Farm may try to recover the amount of the claim paid for your loss. However, subrogation cannot be exercised in Georgia until the insured is made whole. Subrogation claims happen after a car accident injury or property damage. One party's insurer compensates them for their damages. Georgia follows the "Made Whole" Doctrine.