Defending Employers

Both New York and New Jersey require the workers’ compensation carrier to contribute its equitable share of litigation costs on the petitioner/claimant’s third-party recovery. One of the best ways to cut down exposure and resolve a workers’ compensation claim months (sometimes years!) earlier than it otherwise would have is a “global settlement.” In this episode, “ Getting Creative With Global Set...

Motion practice is an integral part of any litigation process, and New Jersey workers’ compensation law is no exception. In this episode, Greg Lois will help you learn how to effectively and efficiently handle the various motions that may arise in New Jersey workers’ compensation cases. Don’t miss this opportunity to learn from the best and enhance your career. How to attend these webinars live an...

In this episode, Greg Lois delves into the intricate landscape of wage replacement and disability benefits within workers’ compensation. Whether you’re an attorney, claims adjuster, or employer, this course equips you with essential knowledge to handle these critical aspects effectively. Join us for an enlightening exploration of the financial aspects of workers’ compensation, and enhance your abi...

In both New York and New Jersey, workers’ compensation is deemed primary to no-fault benefits, such that the carrier is expected to pay for medical treatment and indemnity in a work-related motor vehicle accident. What impact this has on the workers’ compensation claim and any third-party actions, however, differs vastly between the two States. In this episode, “ Workers’ Compensation vs. PIP: The...

Pleadings and discovery are the essential steps of any litigation process, and New Jersey workers’ compensation law is no exception. In this episode “ Pleadings and Discovery ,” Greg Lois will help you learn how to effectively and efficiently handle the various pleadings and discovery tools that are available in New Jersey workers’ compensation cases. Don’t miss this opportunity to learn from the...

In this episode, Greg Lois focuses on critical medical considerations within the realm of workers’ compensation. Whether you’re an attorney, claims adjuster, or employer, this course equips you with essential knowledge to handle medical aspects effectively. Join us for an enlightening exploration of medical intricacies in workers’ compensation, and enhance your ability to advocate for injured work...

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 ind...

This episode " Case Foundations: ," Greg Lois dives into the fascinating world of New Jersey Workers’ Compensation Defense Strategies and will explore the ins and outs of defending claims in the context of workplace injuries. How to attend these webinars live and ask questions Join us for our monthly webinars on New York workers’ compensation law. Register for a New York Workers' Compensation Webi...

In this episode, Greg Lois delves into the intricate world of Workers’ Compensation, focusing on critical decisions and procedural aspects. Whether you’re an attorney, claims adjuster, or employer, this course equips you with essential knowledge to navigate the complexities of workplace injury claims. Join us for an interactive learning experience that empowers you to make informed decisions in th...

In this episode, “ 2023 Year in Review of New York Workers’ Compensation Case Law ,” Greg Lois looks back to review and explain important case-law decisions, regulatory changes, and statutory updates that impact the handling and defense of New York workers’ compensation cases. We look at the game-changing cases and decisions in 2023 that will change the way we defend these matters in 2024. Join us...

In this episode, “ 2023 Changes in the Law Affecting Subrogation ,” we look back on trial and appellate decisions published over the year of 2023 and how those decisions impact the carrier’s rights under Section 29 in New York and Section 40 in New Jersey. How to attend these webinars live and ask questions Join us for our monthly webinars on New York workers’ compensation law. Register for a New...

In this episode “ Ethical Considerations for Defense Counsel in a New Jersey Workers’ Compensation Case ,” Greg Lois focuses on the ethical issues for respondent’s counsel in a New Jersey Workers’ Compensation Case and discusses conflicts of interest relating to insured clients, such as: Triadic or Tripartite Relationship: Respondent/Employer/Client Ethical Implications of Triadic or Tripartite Re...

In this episode, “ Ethical Considerations for Defense Counsel in a New York Workers’ Compensation Case ,” Greg Lois focuses on the ethical issues for defense counsel in a New York Workers’ Compensation Case and will discuss conflicts of interest relating to insured clients, such as: Triadic or Tripartite Relationship: Respondent/Employer/Client Ethical Implications of Triadic or Tripartite Relatio...

The employee files a workers’ compensation claim and, assuming they prove their case, we pay medical and/or indemnity. Seems straightforward enough. Recently, however, demands for various types of “reimbursement” under workers’ compensation policies have been increasing. Providers are suing employers/carriers in civil court as assignee of the claimant. No-fault insurers are demanding reimbursement...

In this episode, “ Calculating Exposure in Dual Jurisdiction Claims ,” Tashia Rasul , partner at Lois Law Firm, explains how an experienced defense litigator evaluates catastrophic construction accident claims to provide accurate estimates of exposure throughout the lifecycle of the litigated case. Tashia discusses the following: Workers’ Compensation exposures, including medical, indemnity, and p...

Your goal is to move your New Jersey workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode " New Jersey Workers’ Compensation Settlements: Second Injury Fund Contribution ," Greg Lois explores some complications that must be considered BEFORE a case is settled. Greg will explore whether...

Your goal is to move your New York workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “Ending Future Exposure in New York: The Release and Resignation Guide,” Greg Lois explores some complications that must be considered BEFORE a case is settled. In this episode we take a look at: Fu...

The claimant/petitioner filing a civil action is useful for more than just lien rights. Many times, discovery responses or deposition transcripts are filed in support of motions. The employer/carrier can also intervene and subpoena records. What might this discovery yield, and how can we weaponize it? In this episode, we cover how to investigate and leverage a civil case, principles of res judicat...

In this episode, “ Coverage Disputes in Construction Litigation ,” Tashia Rasul , partner at Lois Law Firm, leads a discussion and answers questions about litigating policy disputes in construction accident cases. Tashia discusses the following: Who is covered in a Wrap-Up policy? What is an “enrolled” contractor and why does it matter? What is covered in a wrap-up policy? Why is project definitio...

Your goal is to move your New Jersey workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “ Common Pitfalls to Avoid in New Jersey Workers’ Compensation Settlements: Medicare as Secondary Payer ,” Greg Lois explores some complications that must be considered BEFORE a case is settled: T...

Your goal is to move your New York workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “ Closing Cases in New York When Aggregate Trust Fund Deposit is Required: How to Calculate and Handle ,” Greg Lois explores some complications that must be considered BEFORE a case is settled: How...

In this episode, “ Global Settlements in Multijurisdictional Construction Claims ,” Tashia Rasul , partner at Lois Law Firm, explores the advantages of resolving the general liability and workers’ compensation cases at the same time. Further, defense counsel representing general litigation defendant and workers’ compensation claim should be brought together at the time the arbitration, mediation,...

Your goal is to move your New Jersey workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “ Common Pitfalls to Avoid in New Jersey Workers’ Compensation Settlements: Risk Transfer ,” Greg Lois explores some complications that must be considered BEFORE a case is settled: Is there anothe...

Your goal is to move your New York workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “ Don’t Overlook Risk Transfer When Closing Cases in New York ,” Greg Lois explores some complications that must be considered BEFORE a case is settled: Is there another Tortfeasor? RISK TRANSFER re...

MVA cases in New York and New Jersey are anything but basic. All of the usual requirements for proving a case at trial still apply: witness testimony, expert reports, pretrial written discovery, initial investigation, etc. However, MVA cases have additional issues at play. New York’s No-Fault Law (Article 51) makes reference to a “serious injury” requirement and bars suits for “basic economic loss...