Q: When an employee is injured by a 3rd party, can the employer, after fully compensated the employee, claim the 3rd party?

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: So the employee received workers compensation benefits and now the workers compensation carrier wants to offset it's contribution by the 3rd party? More than likely that will happen.

However if the employer was not carrying workers compensation coverage why would any employer admit that? To pay penalties for no coverage? Would that make sense?

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: You would need to get a subrogation agreement in place between the company and the injured employee before you can pursue the 3rd party on behalf of the corporation.

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