June 7, 2019
Workers’ Compensation Insurers Eligible To Recover Medical Expenses
The Appellate Division of the New Jersey Superior Court found that medical expenses are recoverable by Workers’ Compensation insurers. Relying on Section 40 of the Workers’ Compensation Act (WCA), the Court found that Workers’ Compensation carriers may claim part of a judgment where a worker obtains recovery from a third-party tortfeasor. If an employee, including green card employee, suffers in a work-related accident, receives recovery for his or her injuries, and relies on workers’ compensation benefits for recovery, their recovery may be subject to liens under the WCA.