Defending Employers

Defending Employers

By Lois Law FirmBusiness
Download on the App Store

Defending Employers episodes

  • Episode 246: Winning Summary Judgment Motion by Establishing Special Employment: A Closer Look at a Recent Winning Result

    We just had a major win for a client that demonstrates how a creative application of workers’ compensation law saved a New York staffing firm from a major civil verdict in a case where the lent employee harmed the employee of the general employer, causing significant injuries and leading to a civil action.

    In a stunning civil case where a jury verdict of millions of dollars was likely, Lois Law Firm won a complete dismissal via summary judgment. We obtained this result even after prior defense counsel had recommended settlement and failed to raise workers’ compensation exclusivity as an affirmative defense.

    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 Webinar
    • Schedules and Information

      Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

      Disclaimer

      This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

      Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

      24 min
    • Episode 245: Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action

      Both Section 29 in New York and Section 40 in New Jersey permit the carrier to sue “in the shoes” of the claimant/petitioner. Why would a claimant/petitioner not sue a third party? What can you do if they refuse? What are the statutory prerequisites to commencing a subrogation action? What are the proofs and legal standards involved for common third-party causes of action? In this episode, "Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action," we boil down the complex issue of subrogation into the basics!


      We discuss the following:
      • Instances where a claimant/petitioner might not file a third-party action
      • The legal requirements under Section 29(2) and Section 40(f)
      • What to do before and after filing the subrogation complaint
      • How to drive toward immediate settlement to minimize costs
      • 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 Webinar
        • Schedules and Information

          Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

          Disclaimer

          This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

          Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

          29 min
        • Episode 244: Legal Issues in Coordinating Multijurisdictional Construction Cases

          In this episode, "Legal Issues in Coordinating Multijurisdictional Construction Cases," Tashia Rasul, partner at Lois Law Firm, leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases.

          Tashia discusses the following:
          • Privileges, disclosures, and collateral estoppel;
          • Protected and unprotected documents; and
          • Investigation Reports.
          • 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 Webinar
            • Schedules and Information

              Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

              Disclaimer

              This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

              Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

              33 min
            • Episode 243: Off Premises Injuries in New Jersey

              In this episode, “Off Premises Injuries in New Jersey,” Greg Lois leads a presentation on practical and legal aspects of defending off-premises injuries in New Jersey workers’ compensation cases.

              Greg discusses the following:
              • Arising out of Defense
              • Commutes and When They Begin
              • Paid Travel and Employer Transportation
              • Parking Lots and Common Areas
              • Overview of Defense of Off-Premises Injuries, with a Focus on Work-From-Home Loses
              • 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 Webinar
                • Schedules and Information

                  Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                  Disclaimer

                  This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                  Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                  23 min
                • Episode 242: The Going and Coming Defense in New York

                  In this episode, "The Going and Coming Defense in New York," Greg Lois explores New York’s “Grey Area” rule regarding off-premises injuries.

                  Greg discusses the following:
                  • How New York’s history and development impacts the application of the going-and-coming rule.
                  • Recent case law developments on off-premises injuries.
                  • Tactical and strategic considerations in defending going-and-coming accident cases in New York.
                  • 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 Webinar
                    • Schedules and Information

                      Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                      Disclaimer

                      This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                      Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                      33 min
                    • Episode 241: The Powerful Consent Requirement in NY and Third-Party Settlement Consent Best Practices

                      Section 29(5) has an explicit written consent requirement. In this episode, we go over how to weaponize this powerful leverage in the context of your case. A good consent letter can drastically reduce your total exposure, but a bad consent letter can sink a case!

                      We discuss the following:
                      • What Section 29(5) requires legally
                      • The difference between a written consent agreement, a compromise order, and a nunc pro tunc motion (i.e., “cramdown motions”)
                      • Using Matter of Stenson and Williams v. Lloyd Gunther Elevator Service to make an air-tight consent.
                      • Navigate Kelly, Burns, and Bissell in one comprehensive written agreement.
                      • 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 Webinar
                        • Schedules and Information

                          Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                          Disclaimer

                          This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                          Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                          22 min
                        • Episode 240: Construction Claims: Responding to the Loss

                          Tashia Rasul, partner at Lois Law Firm, will lead a discussion and answers questions about how the immediate post-accident onsite investigation is key to defense of the workers’ compensation and general liability claim. Where there is injury involving fall from height, an immediate investigation MUST be conducted to preserve evidence and document witness statements.

                          Tashia will discusses the following:
                          • Determining what construction site injuries require an immediate onsite investigation.
                          • How an onsite investigation should be conducted.
                          • Benefits of a cloaked or attorney-driven investigation.
                          • 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 Webinar
                            • Schedules and Information

                              Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                              Disclaimer

                              This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                              Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                              23 min
                            • Episode 239: Stopping Reopeners

                              In this episode Greg Lois provides an overview, and answers questions, about stopping reopeners in New Jersey.

                              Greg discusses the following:
                              • What is a Reopener?
                              • Strategies to Avoid Reopeners
                              • Practical Advice and Takeaways
                              • 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 Webinar
                                • Schedules and Information

                                  Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                                  Disclaimer

                                  This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                                  Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                                  23 min
                                • Episode 238: Defending Construction Claims

                                  In this epsiode, Greg Lois discusses practical and legal aspects of defending construction accident claims in New York.

                                  Greg discusses the following:
                                  • How New York’s Labor Law impacts workers’ compensation claims.
                                  • Pactical and strategic considerations in defending construction accident cases in New York.
                                  • How to defend dual jurisdiction catastrophic construction accident cases.
                                  • 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 Webinar
                                    • Schedules and Information

                                      Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                                      Disclaimer

                                      This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                                      Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                                      23 min
                                    • Episode 237: Future Offset Rights in NY/NJ: Who Pays for What, and When?

                                      We address the often-misunderstood issue of future credit and offset rights under Section 40 in New Jersey (NJSA 34:15-40) and Section 29 in New York (WCL Section 29) when the petitioner/claimant settles their third-party case. We will examine in detail what the statutes require, what the law dictates, and how you can maximize the application of your future credit/offset rights in your claims.

                                      We discuss the following:
                                      • What Section 40 and Section 29 say about future offset rights following a third-party settlement.
                                      • How these statutory rights have been applied by the courts.
                                      • When and how to start taking and tracking your credit/offset.
                                      • Pro tips for practitioners, subrogation specialists, and claims professionals.
                                      • 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 Webinar
                                        • Schedules and Information

                                          Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

                                          Disclaimer

                                          This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

                                          Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LAW FIRM LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.

                                          30 min

                                        About Defending Employers

                                        From the publisher's feed

                                        This is the audio feed from Lois Law Firm’s popular webinar training series. Every month the Firm’s attorneys present different topics in workers’ compensation. Meant as a 101 level training course,…

                                        More shows like Defending Employers

                                        Third Fridays by Lois Law Firm

                                        Third Fridays

                                        10 Listeners

                                        Running the Defense by Lois Law Firm

                                        Running the Defense

                                        0 Listeners