Episode 237

Future Offset Rights in NY/NJ: Who Pays for What, and When?

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May 9th, 2022

29 mins 21 secs

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workers' compensation new york new jersey lois law firm defense attorneys

About this Episode

Christopher Major addresses the often-misunderstood issue of future credit and offset rights under Section 40 in New Jersey (NJSA 34:15-40) and Section 29 in New York (WCL Section 29) when the petitioner/claimant settles their third-party case. We will examine in detail what the statutes require, what the law dictates, and how you can maximize the application of your future credit/offset rights in your claims.

Major discusses the following:

  • What Section 40 and Section 29 say about future offset rights following a third-party settlement.
  • How these statutory rights have been applied by the courts.
  • When and how to start taking and tracking your credit/offset.
  • Pro tips for practitioners, subrogation specialists, and claims professionals.

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