1. If compensation is awarded to a claimant, the Board is subrogated to any cause of action claimant might have against the person or persons responsible for such personal injury or death and  shall be entitled to bring action against the same for the damage sustained by the claimant. 
   1. The Board may exercise its right only to the extent that compensation has been awarded by the Board.
   2. Where the Board, at its own discretion, commences an action against the person or persons  responsible for the victim's injuries to recover monies compensated to a claimant, the claimant shall cooperate fully with the Board in pursuit of its action including, but not limited to, joining as a party to said action.
2. As prerequisite to bringing collateral action to recover damages relating to criminally injurious conduct, for which compensation is also being claimed or has been awarded by the Board, the claimant shall give the Board prior written notice of the proposed action.  After receiving the notice, the Board may, at its discretion: 
   1. Join in the action as a party plaintiff to recover the compensation awarded; or 
   2. Require the claimant to execute an assignment to the Board for the amount of compensation it has awarded; or 
3. Where the claimant brings the collateral action and recovers monies which the Board seeks as reimbursement for compensation awarded claimant by the Board, claimant may deduct from compensation recovered on behalf of the Board a pro rata share of the claimant's attorney fees in the collateral action. 
4. (Where there are proceeds or recovery from any collateral action or claim within N.J.A.C. 13:75-1.19(b)(9), the Board shall exercise its subrogation only as to claimant's net proceeds so recovered that are in excess of $1,000.

 

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