Category: Blog Post

When a workers’ compensation claimant pursues an additional lawsuit against a negligent third party for injuries arising out of the same accident, the workers’ compensation carrier's exposure can be affected significantly. The claimant’s recovery from a third party can mitigate the carrier’s overall exposure, but only if the lien, offset, and consent...

Allegations of retaliation arising from a workers' compensation claim can create significant exposure for employers, even when the underlying claim lacks merit. In New York, Workers' Compensation Law (WCL) § 120 prohibits employers from discharging, refusing to reinstate, or otherwise discriminating against an employee because the employee filed, attempted to file, or...