Workers Comp liens - NY & NJ Differ: NY Attorney Malpractice Blog

"The law and its rules changes as a matter of geography. Across the river, rules are completely different. As an example, in NY a workers' compensation carrier may recovery its payments to plaintiff after plaintiff successfullly sues a third-party. As an aside, there are any number of legal malpractice cases in which the attorney failed to obtain the consent of the WC carrier to a 3d party settlement and cost the client dearly. However, in NY the carrier may not recover from a Legal Malpractice recovery due to the negligent handling of a 3d party action. The same is not true in NJ, as we see in:Cambridge Integrated Servs. Group, Inc. v Faber"

New York Attorney Malpractice Blog: Workers' Compensation Liens and Legal Malpractice