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Defending Employers Podcast: Episode 316

What Happens When the Employer is Sued Civilly?

While the workers’ compensation employer and carrier are generally immune from suit for work-related injuries in both New York (Sections 11 and 29(6)) and New Jersey (NJSA 34:15-8), sometimes the insured will be named a defendant in the claimant’s civil action. This could be for any number of reasons (discovery purposes only, an alleged intentional wrong, New York’s Scaffold Law, impleader for indemnification/contribution, etc.), but the insured’s involvement in the civil action has a direct impact on the reimbursement and subrogation potential of the claim!

In this episode, “What Happens When the Employer is Sued Civilly?,” Christopher Major explores the types of situations where the insured ends up in civil litigation for a work-related accident, and what the best practices are when that happens.

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

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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