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 episode, "Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action," Christopher Major, Civil Practice Team Leader at Lois Law Firm, will boil down the complex issue of subrogation into the basics!
Major will discuss the following:
- 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
How to attend these webinars live and ask questions
Join us for our monthly webinars on New York and New Jersey workers’ compensation law.
- Register for a Construction Defense Webinar
- Register for a Civil Litigation Webinar
- Register for a New York Workers' Compensation Webinar (12PM SESSION)
- Register for a New York Workers' Compensation Webinar (3PM SESSION)
- Register for a New Jersey Workers' Compensation Webinar
Schedules and Information
Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.
This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.
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