Defending Employers Podcast: Episode 259

Can I Assert a Lien? Recoveries Subject to the Carrier’s Rights and How to Navigate Third-Party Settlement Allocations

The employer/carrier has statutory subrogation and reimbursement rights in both New York and New Jersey, but when and how do those rights apply? Can you assert a lien on any type of recovery? What gamesmanship might a third-party attorney attempt to avoid paying back your lien? In this LIVE webinar on Tuesday, October 11, 2022, Christopher Major straightens out exactly when you are entitled to reimbursement, and what to do about manipulative settlement allocations by third-party counsel.

Major discusses the following:

  • Recoveries subject to a lien in New York and New Jersey, including third-party settlements, SUM benefits, malpractice actions, etc.
  • The law as it applies to third-party settlement allocations such as pain and suffering or per quod claims.
  • When/how to intervene in a third-party claim to avoid any adverse impact to your lien or reimbursement rights.

What is “Defending Employers: Audio From Lois Law Firm, Workers’ Compensation Defense Attorneys”?

This is the audio feed from Lois Law Firm’s popular webinar training series. Every month the Firm’s attorneys present different topics in workers’ compensation. Meant as a 101 level training course, the attorneys present a fresh take on common issues in workers’ compensation defense.

Special Reports and Presentations: When emerging legal issues arise that impact employers, Lois Law Firm publishes special presentations. These special events, hosted by attorneys and presented in plain English, make the emergent changes understandable for business owners, insurance carriers, and other attorneys.

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Download the New York Risk Transfer Handbook

Download Our New York Risk Transfer Handbook

The “New York Risk Transfer Handbook" is "an effort to present to you, the curious claims professional, supervisor, manager, risk transfer or recovery specialist, or even fellow lawyer, just how subrogation makes sense in the context of your claims.”

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Risk Transfer, Subrogation & General Litigation at Lois Law Firm

Why LOIS Has a Dedicated Civil Litigation Practice

LOIS has a dedicated Civil Litigation Practice to serve general liability, premises liability, automobile liability insurance carriers and third party administrators in reimbursement claims under New York WCL § 29 and New Jersey’s Section 40 (N.J.S.A. 34:15-40). Our attorneys also regularly represent these clients’ insureds in defense of personal injury matters filed in all counties in Metropolitan New York, all counties in New Jersey and in the federal courts.

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