Most people realize that they have the right to workers’ compensation when they get hurt on the job. Their employer carries insurance for this very purpose, so the worker gets a payout that can help them with their medical bills and lost wages. Sometimes the workplace is not the only contributor to a workplace accident though. In cases like these, a New York work injury lawyer might tell you that filing a third-party personal injury claim is a wise idea.
What Is a Third-Party Personal Injury Claim?
A third-party personal injury claim allows an injured worker to seek compensation from someone other than their employer after a workplace accident. While workers’ compensation provides benefits regardless of fault, it does not cover the full scope of losses many injured workers face.
If a negligent third party—such as a driver, property owner, manufacturer, or contractor—caused or contributed to your injury, you may be able to file a personal injury lawsuit against that party in addition to receiving workers’ compensation benefits.
When Can You File a Third-Party Personal Injury Claim in New York?
You can file a third-party personal injury claim when you believe another party helped cause your accident and your injuries. Some common scenarios in which a third-party claim may apply include:
- Work-related car accidents: You are driving for work and another driver causes a crash. That driver may be liable in a third-party claim.
- Defective tools or equipment: A malfunctioning machine or safety device causes injury. The manufacturer or distributor may be responsible.
- Unsafe property conditions: You slip or fall at a job site or office building due to broken stairs, poor lighting, or ice. The property owner or landlord may be liable.
- Construction site negligence: A subcontractor or contractor creates a hazardous condition that causes injury.
What Damages Can You Recover in a Third-Party Injury Claim?
Workers’ compensation is meant to pay for the economic costs of an accident, like the cost of your medical care after an injury. These payments do not include non-economic damages. When you make a third-party injury claim, you can sue for non-economic damages.
This can allow you to secure more compensation. You can now push for your settlement to cover things like mental anguish, psychological trauma, and other forms of pain and suffering.
Depending on the facts of your case, you may also have options outside the workers’ compensation system. Learn more about your broader rights with a New York personal injury lawyer.
What Is the Deadline to File a Third-Party Injury Claim in New York?
In many cases, New York gives you three years to sue after suffering injuries in an accident. Wait any longer and your case may be dismissed if you try to sue. This can seem like a long time, but we recommend acting as soon as you can. Get the medical care you need and then contact a lawyer right away.
The earlier you begin the legal process, the easier it can be for your lawyer to build a case. Evidence like surveillance footage can get overwritten, and the memories of witnesses can begin to fade away. Pursuing legal action as soon as you can after your accident can help you build the strongest possible case.
If your injury happened on a job site, you may also want to learn about your options involving third-party liability in construction-related cases. Visit our New York construction accident lawyer page for more information.
Do I Need a Lawyer for a Third-Party Personal Injury Claim?
A lawyer can help you navigate the workers’ compensation process and file a third-party personal injury claim. Your lawyer can handle communications on your behalf and keep you updated on your case. You can go it alone when you sue for damages, but having a dedicated advocate on your side could potentially make a big difference.
Frequently Asked Questions About Third-Party Injury Claims
What is the difference between workers’ compensation and a third-party injury claim?
Workers’ compensation provides limited benefits regardless of fault, while a third-party claim allows you to sue a negligent party for full compensation, including pain and suffering.
Can I file a third-party claim while receiving workers’ compensation?
Yes. You may pursue a third-party personal injury lawsuit while still receiving workers’ compensation benefits.
Who can be considered a third party in a workplace injury case?
Third parties may include drivers, property owners, manufacturers, contractors, or any person or entity other than your employer.
Speak With a New York Third-Party Injury Lawyer
If you were injured at work and believe someone outside your employer caused your accident, you may be entitled to significantly more compensation through a third-party personal injury claim.
The attorneys at Zlotolow & Associates can evaluate your case, explain your options, and handle both your workers’ compensation and personal injury claims. Contact us today for a free consultation.
To see how we’ve helped other injured New Yorkers, visit our case results.