The formula starts out with the premise that the employee's attorney should first be able to recover his or her attorneys' fees and their costs. In Minnesota, if the employee is 51 percent at fault for the injury there is no subrogation recovery to the employer regardless of how much money is paid.A subrogation claim simply includes the amount of money that was paid toward your medical bills. This amount is also called the "subrogation interest." Under Minnesota law, if an employee is 51 percent at fault for his injury, there will be no subrogation recovery to the employer, regardless of how much money. A claimant who receives reimbursement must agree to assist the state in pursuing any subrogation rights arising out of the claim. We can sometimes recover a portion or all of the workers' compensation claim costs from the responsible party through subrogation. It is only when the plaintiff's recovery exceeds the sum total of the plaintiff's damages that the right of subrogation arises.
