Episode 316

What Happens When the Employer is Sued Civilly?


January 16th, 2024

35 mins 47 secs

Your Host

About this Episode

While the workers’ compensation employer and carrier are generally immune from suit for work-related injuries in both New York (Sections 11 and 29(6)) and New Jersey (NJSA 34:15-8), sometimes the insured will be named a defendant in the claimant’s civil action. This could be for any number of reasons (discovery purposes only, an alleged intentional wrong, New York’s Scaffold Law, impleader for indemnification/contribution, etc.), but the insured’s involvement in the civil action has a direct impact on the reimbursement and subrogation potential of the claim!

In this episode, “What Happens When the Employer is Sued Civilly?,” Christopher Major explores the types of situations where the insured ends up in civil litigation for a work-related accident, and what the best practices are when that happens.

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