This decision makes clear that if a workers’ compensation claimant files a civil action leading to a recovery due to the same injuries related to the workers’ compensation claim.
New York, NY (PRWEB) October 21, 2014
The New York Employee Advocate, a publication of the National Employment Lawyers Association/New York, has published an article by Darren Rumack, associate of the Klein Law Group. The article, Interplay of Workers’ Compensation Cases and Third Party Lawsuits, appears in Volume 17, No 2 October 2014. In this article, Mr. Rumack explains and clarifies hot-button issues confronting attorneys when an on-the-job accident has resulted in both a workers’ compensation claim and a personal injury lawsuit.
“Given that a recovery on a civil rights lawsuit can lead to a lien and offset on a workers’ compensation case, attorneys must take extra care both in understanding and applying the laws governing the interplay of these cases, and, where the workers’ compensation and personal injury attorney are from different firms, in closely coordinating the litigation,” Mr. Rumack states.
In his article, Mr. Rumack discusses Beth V v. New York State Office of Children & Family Services, a recent decision by the New York State Court of Appeals. According to Mr. Rumack, “This decision makes clear that if a workers’ compensation claimant files a civil action leading to a recovery due to the same injuries related to the workers’ compensation claim, the insurance carrier will have a lien and offset on the recovery—even if the civil action is not framed as a personal injury case.”
Darren Rumack defends small businesses from Worker’s Compensation penalties and Department of Labor Audits. In addition, he manages the Wages & Hours Department for Klein Law Group, practioners of Workers’ Compensation, Social Security Disability, and Wages & Hours laws. The Klein Law Group is located at 11 Broadway, New York, NY. (212) 344-9022. http://www.thekleinlawgroup.com.