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 LIVE webinar on Monday, July 15, 2024, Greg Lois will boil down the complex issue of subrogation into the basics!
Course Outline
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
The Civil Litigation Webinar Series, from Lois Law Firm, is held on the THIRD MONDAY of the month at 3:00 PM EST. These webinars are focused on practical claims-handling and perfect for your team members who need state-specific training or a refresher course for this jurisdiction! Each webinar features a live presentation followed by a Question & Answer session. To register for a Civil Litigation Webinar, click the button below:
Greg Lois is the Managing Partner of Lois Law Firm LLC. Greg is the co-author of the LexisNexis “Practice Guide to Workers’ Compensation in New Jersey” published by Matthew Bender (2017-2023, ISBN:9781663363053). In October 2019, Greg earned the designation “Certified Litigation Management Professional (CLMP)” at the Litigation Management Institute hosted at Loyola University Chicago School of Law.
Greg Lois represents employers, self-insured companies, third party administrators, and insurance carriers in workers’ compensation matters. Greg has served as lead attorney on more than 100 trials involving workplace discrimination, workers’ compensation, and civil claims.
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.”
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.