To protect your right to recover workers' compensation payments from a negligent third party you should file?

• A. An Application for adjudication for the claim
• B. A petition for subrogation recovery
• C. A complaint in intervention
• D. A letter putting the third party on notice

Answer: (C)

Subrogation rights let a workers’ compensation carrier step into the employee’s place in a third‑party tort case to recover benefits already paid. The proper way to do this in California is to file a complaint in intervention in the ongoing third‑party lawsuit. This lets the workers’ comp insurer assert its subrogation claim within the case, share in the recovery, and preserve its lien against any settlement or verdict before the employee receives proceeds. It keeps all related claims in one action and ensures priority of recovery for benefits paid.

An application for adjudication is used to determine workers’ comp benefits, not to pursue third‑party recovery. A separate petition for subrogation recovery is not the standard procedural route to participate in the third‑party case. A bare letter notice isn’t a court filing and won’t secure recovery or protect the subrogation interest.