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Ishqkala

Lines of business · Workers' Compensation Third-Party Subrogation

Protect every workers' comp lien against negligent third parties

Ishqkala finds third-party liability in injury files, calculates the lien, tracks statutory deadlines and flags settlement activity, so recoveries are asserted before the employee's case closes.

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Average missed recovery

Varies by loss

Data sources read

  • First reports of injury and FNOL
  • Adjuster and nurse case manager notes
  • Police and incident reports
  • Medical and indemnity payment ledgers
  • Attorney correspondence and settlement notices
  • Contracts, certificates of insurance and policy endorsements

Overview

Exclusive remedy protects the employer from suit. It does not protect the negligent driver, the premises owner, the equipment manufacturer or the general contractor. State comp acts give the employer or carrier a lien on the employee's third-party recovery and, in most states, a right to sue that party directly.

The opportunities hide in injury descriptions and diary notes: a delivery route, a customer's loading dock, a machine model, a scaffold owned by someone else. When nobody flags them, the employee's attorney settles the third-party case and the lien goes unasserted. Ishqkala identifies the third party and keeps the lien and statutory deadlines visible through settlement.

Recovery calculatorEstimate unrecovered subrogation dollars and combined ratio improvement based on your annual DWP.Run the numbers

Recovery patterns

What the engine looks for, and the note that gives it away.

  • Negligent drivers

    Employees injured while driving or working roadside often have a claim against the at-fault motorist, whose auto policy funds the recovery and the lien.

    EE rear-ended at light in co truck, OV cited

  • Premises owners

    Workers hurt at a customer's or landlord's property may have premises liability claims against the owner or occupier.

    EE slipped on ice at customer's loading dock

  • Equipment manufacturers

    Guarding, interlock and warning defects support product claims. Preserve the machine and document any employer modification before repairs.

    EE says interlock failed, press cycled with guard open

  • General contractors and other trades

    On multi-employer sites, the GC or another subcontractor may be a third party. Some states give the GC statutory employer immunity, and N.Y. Labor Law § 240(1) imposes absolute liability for certain elevation-related injuries.

    fell from GC's scaffold, plank gave way

  • The employer and carrier lien

    The lien typically covers medical and indemnity paid, and many states credit the employee's net recovery against future benefits. Ishqkala also checks for a WC 00 03 13 waiver endorsement.

    PI case vs OV pending, no lien letter in file

  • Coordination with the injured worker's attorney

    The employee's attorney usually runs the third-party case. Lien notices, consent-to-settle requests and fee sharing under the state act need timely carrier responses.

    Clmt atty asking for final lien amount, mediation next week

Workflow

From the file to the recovery.

  1. 01

    Ingest & Mine

    Read injury descriptions, notes, reports and attorney letters on open and closed comp files.

  2. 02

    Detect & Score

    Identify the third party, the coverage behind it and any waiver, and score the file.

  3. 03

    Audit & Prioritize

    Track the employee's SOL, statutory assignment windows and settlement activity.

  4. 04

    Package & Recover

    Prepare the lien notice, paid ledger and lien calculation for your adjuster or counsel.

Related claim line playbooks

FAQ

Workers' Compensation Third-Party Subrogation subrogation FAQ

Most comp acts let the employer or carrier sue the third party or take an assignment after a statutory period. Ishqkala tracks both the employee's SOL and the assignment window.

From the payment ledger: medical and indemnity paid to date, with reserves shown separately for future credit. State fee-sharing and credit rules apply before the figure reaches your adjuster.

The WC 00 03 13 endorsement waives recovery against scheduled parties, often because a written contract required it. Ishqkala checks the policy and the contract before scoring a file as recoverable.

Yes. Injury files are processed under a HIPAA Business Associate Agreement, with AES-256 at rest, TLS 1.3 in transit, US-only data residency and zero AI model training on customer claim files.

Find the millions hiding in your closed claim files before the Statute of Limitations expires.

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