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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, August 20, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

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.

Faculty

Adam T. Devine
Partner
Chartwell Law Offices

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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Description

While workers' compensation benefits are awarded when employees are injured on the job, situations may arise where an employee may be injured on the job due to a third party's negligent or reckless action. For example, an employee may be driving to a work-related appointment and be injured in an automobile accident caused by a reckless third party. At this point, the employee may consider bringing a third-party claim against the reckless driver which may complicate the process where the employee is also seeking workers' compensation benefits from their employer.

An employee may file a workers' compensation claim to cover immediate medical bills and a portion of lost income and simultaneously file a third-party lawsuit against the third party for additional remedies that are excluded from workers' compensation such as compensation for pain and suffering. However, while workers' compensation is a streamlined process that does not require establishing fault, a third-party lawsuit would require the employee to prove the third party's negligence or intentional wrongdoing.

Where an employee brings a third-party claim, the employer's insurance carrier may initially be responsible for workers' compensation payments; however, the insurance carrier may have a subrogation interest in the claim. Employers may also make their own demands in a third-party suit.

Counsel and their clients should understand the interaction between workers' compensation and third-party injury claims as well as the rights and obligations of the employee, employer, and employer's insurance carrier.

Listen as our expert panel discusses the interplay between workers' compensation claims and third-party lawsuits and the rights and obligations of the parties involved.

Outline

  1. Introduction
  2. Workers' comp claim vs. third-party lawsuit
    1. When an employee may file a third-party lawsuit in addition to a workers' comp claim
    2. Interplay between the two
    3. Employee
      1. Rights and remedies
      2. Burden of proof
    4. Employer
      1. Obligations to employee
      2. Right to reimbursement
    5. Insurance carrier
      1. Obligations to employee and employer
      2. Subrogation
  3. 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?