Section 40 of the New Jersey workers’ compensation statute allows employers or workers’ compensation carriers to automatically receive reimbursement of benefits paid to an injured worker from a third party tortfeasor – either directly from the tortfeasor, or from an award received by the injured worker in a third party claim.
But what happens when an injured worker is barred from suing the third party tortfeasor? Can the employer or carrier still seek reimbursement for benefits paid in the workers’ compensation claim? The Appellate Division …
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