Both Section 29 in New York and Section 40 in New Jersey permit the carrier to sue “in the shoes” of the claimant/petitioner. Why would a claimant/petitioner not sue a third party? What can you do if they refuse? What are the statutory prerequisites to commencing a subrogation action? What are the proofs and legal standards involved for common third-party causes of action? In this episode, “Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, boils down the complex issue of subrogation into the basics!
Major discusses the following:
- Instances where a claimant/petitioner might not file a third-party action
- The legal requirements under Section 29(2) and Section 40(f)
- What to do before and after filing the subrogation complaint
- How to drive toward immediate settlement to minimize costs
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.