Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action

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 boils 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

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