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Defending Employers Podcast: Episode 266

Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes

Many employees travel for their job. What happens when you pay benefits in the claimant’s home State, but the third-party action is in the defendant’s home State? What statute applies? How can you ensure you are still getting your maximum recovery? In this episode, “Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, discusses how to navigate multijurisdictional claims, how to monitor or intervene in a federal case, and how to blend statutes to ensure you receive your maximum reimbursement.

Major discusses the following:

  • The choice of law doctrine in New York and New Jersey.
  • When to expect a federal action and how to find it on PACER.
  • The availability of remedies such as loss transfer for out-of-State accidents or foreign workers’ compensation claims.
  • How to use basic rights of contract to “pick and choose” the most favorable reimbursement scheme.

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. 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

New for 2022, Chris Major has written the “New York Risk Transfer Handbook" which he describes as "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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Learn More About Risk Transfer, Subrogation & General Litigation at LOIS

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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