June 2020 Subrogation Newsletter
The federal government employs nearly 9.1 million workers – nearly 6% of total U.S. workforce. Every year, the government pays an estimated $35 billion annually because of vehicle crashes alone, an estimated 12.6% of the total economic cost of crashes (Federal 7.1%, State/Local 5.5%). For limited government advocates, the numbers are astonishing. For subrogation professionals, the numbers should represent a tremendous opportunity.
In California, until you have received permission from the court to intervene, a party lacks any standing to the action. Filing a motion to intervene can be equated to filing a Notice of Lien because you have yet to receive court approval to intervene. Filing a Notice of Lien does not make you a party to the action nor does it give you any rights to actively participate in the underlying lawsuit. You are standing in California’s intervention line.
New Jersey Supreme Court Confirms That Workers’ Compensation Subrogation Is Not Limited By No-Fault Laws
On May 12, 2020, the New Jersey Supreme Court answered a long-standing subrogation question regarding whether a workers’ comp carrier is entitled to reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not otherwise meet the verbal threshold allowing them to sue the tortfeasor. The Supreme Court confirmed that the subrogation rights of a workers’ comp carrier are not affected by New Jersey’s no-fault and verbal threshold requirements.