Workers' Comp and Third-Party Injury Claims Interaction: Parties’ Rights and Obligations, Remedies, Subrogation
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the interplay between workers' compensation claims and third-party lawsuits. The panel will discuss the rights and obligations of the parties involved including when an employee may consider filing a third-party lawsuit in addition to making a workers' compensation claim, what the employer's and insurance carrier's obligations continue to be once a third-party suit is filed, and the remedies and reimbursement to which each of the parties may be entitled.
Outline
- Introduction
- Workers' comp claim vs. third-party lawsuit
- When an employee may file a third-party lawsuit in addition to a workers' comp claim
- Interplay between the two
- Employee
- Rights and remedies
- Burden of proof
- Employer
- Obligations to employee
- Right to reimbursement
- Insurance carrier
- Obligations to employee and employer
- Subrogation
- Practitioner takeaways
Benefits
The panel will consider these and other important considerations:
- Under what circumstances may an employee bring a third-party lawsuit in addition to making a workers' compensation claim?
- What are the insurance carrier's and employer's obligations to an employee who brings a third-party suit?
- What rights to reimbursement does the employer and insurance carrier have if an employee prevails in a third-party suit?
Faculty
![Devine, Adam](/img/t/2da5316a12e4f2a26910e5a6cb4db8a2.jpg)
Adam T. Devine
Partner
The Chartwell Law Offices
Mr. Devine defends self-insured employers, insurance carriers, and third-party administrators. He leverages his... | Read More
Mr. Devine defends self-insured employers, insurance carriers, and third-party administrators. He leverages his previous experience as a claimant-side attorney to represent his clients in the full lifecycle of compensation claims, including representation at hearings, settlement negotiations and depositions. Mr. Devine has appeared at most of the southern New York hearing locations and has developed strong relationships with the other professionals in the worker’s compensation field. Prior to joining the firm, he worked at a workers’ compensation plaintiff’s firm, where he handled the full spectrum of workers’ compensation matters.
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