Episode 259

Can I Assert a Lien? Recoveries Subject to the Carrier’s Rights and How to Navigate Third-Party Settlement Allocations


October 11th, 2022

31 mins 20 secs

Your Host

About this Episode

The employer/carrier has statutory subrogation and reimbursement rights in both New York and New Jersey, but when and how do those rights apply? Can you assert a lien on any type of recovery? What gamesmanship might a third-party attorney attempt to avoid paying back your lien? In this episode, "Can I Assert a Lien? Recoveries Subject to the Carrier’s Rights and How to Navigate Third-Party Settlement Allocations," Christopher Major straightens out exactly when you are entitled to reimbursement, and what to do about manipulative settlement allocations by third-party counsel.

Major will discuss the following:

  • Recoveries subject to a lien in New York and New Jersey, including third-party settlements, SUM benefits, malpractice actions, etc.
  • The law as it applies to third-party settlement allocations such as pain and suffering or per quod claims.
  • When/how to intervene in a third-party claim to avoid any adverse impact to your lien or reimbursement rights.

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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.

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