Episode 245

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


July 11th, 2022

28 mins 22 secs

Your Host

About this Episode

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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