However, out of the £50,000 offer I have just received, I have been told by my solicitor that if I accept, I will have to pay my employer £6,000 back for the sick pay I had. In addition, I have been told I have to pay my health insurer £2,000 back for the physiotherapy they organised.
I can’t believe it and don’t see why anyone else should get any of my money. I love my job, but am on the verge of quitting and sacking my solicitor. Am I overreacting? I can have a short fuse sometimes and my partner has told me to just “take a breath” first.
Answer
Your partner has given some sage advice. Yes, you are likely overreacting, and this is certainly not worth quitting your job over. I suspect your solicitor may not have explained what a “subrogated” claim is. In short, if they have a contractual right, an employer or health insurer etc. can bring a claim for their losses, via your claim, against the negligent third party, and you have a duty to advance that for them. If you do not do that, your employer and/or health insurer could sue you for their loss.
You need to ask your solicitor to check both your employment contract and that with your health insurer. However, on the basis each contract contains a subrogated claim clause, you will have to claim for their respective losses and pay them out of any lump sum you receive. Whilst it may feel like you are giving them your money, as you will appreciate, you got paid even though you did not work; and you did not pay for the physiotherapy personally. As such, this is your employer and health insurer’s loss not yours, and needs to be claimed for and passed on when recovered, so long as they have a contractual right to it.
Andrew ‘Chef’ Prendergast
Motorcycle Sport & Leisure – April 2025
