A NJ Appellate Court barred a subrogation claim made by an employer against a 3rd party for failure to give timely notice to the injured worker. The notice provisions of the NJ statute were strictly enforced.
An employer may bring a lawsuit, in the name of the injured worker or dependents, against a wrongful third-party to recover workers’ compensation benefits paid, if the employee fails to bring an action within one year of the date of the accident.