Episode 266

Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes


December 12th, 2022

14 mins 17 secs

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About this Episode

Many employees travel for their job. What happens when you pay benefits in the claimant’s home State, but the third-party action is in the defendant’s home State? What statute applies? How can you ensure you are still getting your maximum recovery? In this episode, "Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes," Christopher Major discusses how to navigate multijurisdictional claims, how to monitor or intervene in a federal case, and how to blend statutes to ensure you receive your maximum reimbursement.

Major discusses the following:

  • The choice of law doctrine in New York and New Jersey.
  • When to expect a federal action and how to find it on PACER.
  • The availability of remedies such as loss transfer for out-of-State accidents or foreign workers’ compensation claims.
  • How to use basic rights of contract to “pick and choose” the most favorable reimbursement scheme.

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