Measure Would Clarify Employers’ Recovery Rights in Work-Related Injury Lawsuits
May 1, 2025 | MedLegalNews.com – SACRAMENTO — Committee Advances First Responder Subrogation Rights Bill: A California Assembly committee has advanced a bill designed to clarify the rights of public employers to recover costs when first responders are injured by third parties and later file lawsuits.
The legislation affirms that government employers—such as cities, counties, and districts—can pursue subrogation claims when a firefighter, police officer, or EMT sues a third party for injuries. These claims allow employers to recover money already paid in workers’ compensation benefits.
Closing Gaps in Existing Law
California law already allows employers to pursue subrogation in workplace injury cases involving third parties. However, uncertainty arises when the injured employee files the civil lawsuit. This bill aims to remove confusion and solidify the employer’s right to recover costs in such scenarios.
Supporters argue that public entities must be able to recoup these costs to protect limited taxpayer resources. “This ensures negligent parties are held accountable and that the public isn’t burdened with their mistakes,” said one county attorney.
Opposition from Labor Groups
Some labor advocates oppose the bill, fearing that employers might interfere in lawsuits filed by injured workers. They worry that employers could prioritize financial recovery over the employee’s personal interests.
In response, the bill’s backers say it doesn’t create new rights. Instead, it provides clarity and consistent application of subrogation law for public employers.
What’s Next
Committee Advances First Responder Subrogation Rights Bill: The bill now moves to the Assembly floor for a vote. If it passes, it will further define how first responder injury claims involving third parties are handled in California.
Source: California Senate State