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Personal injury specialist Eric Ritigstein of Boxer & Gerson complements his litigation work with occasional scholarly articles on legal matters pertinent to his profession. His most recent article, which appeared in the fall issue of Workers’ Compensation Quarterly, was entitled, “Blaming the Employer Could Negatively Impact Your Client’s Recovery from a Third-Party Tortfeasor.”
The article carefully detailed complications that can arise in cases where an injured employee wins a workers’ compensation award, but during trial, the plaintiff attorney makes such a compelling case for the employer’s negligence and responsibility for the injury that it creates problems if the worker also pursues claims against a third-party for additional liability. Since third-party attorneys have access to workers’ comp case files, an overly persuasive case against the employer there might pose difficulties for apportioning fault to a third-party in a subsequent case filing, and thus limit a client’s total award.