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?,” we explore 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 Workers’ Compensation Law Handbook

Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

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New York Workers’ Compensation Defense at Lois Law Firm

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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