Episode 259

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

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October 11th, 2022

31 mins 20 secs

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

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, Civil Practice Team Leader at Lois Law Firm, will straighten 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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