19 Mar Third-Party Claims After a Workplace Injury in NY

Third-Party Claims After a Workplace Injury in New York

When you’re injured at work, your first thought is likely workers’ compensation — and rightly so, as it provides important benefits. But workers’ compensation is not always the only source of compensation available to you. In many workplace accident cases, a third party other than your employer may bear legal responsibility for your injuries. Understanding third-party workplace injury claims can be the difference between receiving limited workers’ compensation benefits and obtaining the full compensation your injuries truly warrant.

What Is a Third-Party Workplace Injury Claim?

A third-party claim is a personal injury lawsuit filed against a party other than your employer in connection with your workplace accident. While workers’ compensation generally prevents you from suing your employer, it does not prevent you from suing other responsible parties. Third-party claims are valuable because, unlike workers’ compensation, they allow you to recover pain and suffering damages and full compensation for all your losses — not just a fraction of your wages.

Who Can Be a Third-Party Defendant?

Equipment and Product Manufacturers

If a defective piece of equipment or a malfunctioning tool caused your workplace injury, the manufacturer may be held liable under New York products liability law. This includes defects in design, manufacturing defects, or failures to provide adequate warnings about risks. Common examples include power tools that malfunction, safety equipment that fails, and defective scaffolding or ladders.

Subcontractors and General Contractors

On construction sites, multiple contractors often work simultaneously. If a subcontractor’s negligence causes your injury, you may have a claim against that subcontractor even if they are not your direct employer. Under New York Labor Law, general contractors and property owners can also be held liable for construction site injuries under certain circumstances, even if they didn’t directly cause the accident.

Property Owners

If your workplace injury occurred on a property owned by someone other than your employer, the property owner may be liable if a dangerous condition on the property contributed to your injury. This is particularly common in construction and maintenance work, where employees often work on properties they don’t own.

Drivers Who Cause Work-Related Car Accidents

If you were injured in a car accident while performing work-related duties, you may have both a workers’ compensation claim and a personal injury claim against the at-fault driver. This is common for delivery drivers, salespeople, and others who drive as part of their work.

Benefits of Pursuing a Third-Party Claim

The benefits of a successful third-party claim are significant. While workers’ compensation limits your wage replacement to two-thirds of your average weekly wage and provides no compensation for pain and suffering, a third-party personal injury lawsuit can recover full medical expenses, full lost wages and future earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. You can pursue both workers’ compensation benefits and a third-party lawsuit simultaneously.

How Workers’ Compensation and Third-Party Claims Interact

When you receive workers’ compensation benefits and also win a third-party lawsuit, the workers’ compensation insurance carrier may have a lien on your third-party recovery — meaning they have the right to be reimbursed for benefits paid from your lawsuit proceeds. An experienced attorney can negotiate this lien to maximize your net recovery, and in some cases, these liens can be reduced or eliminated.

Act Quickly to Preserve Your Rights

The statute of limitations for personal injury claims in New York is generally three years, but some third-party claims — particularly those involving government entities or specific products liability claims — may have shorter deadlines. Additionally, evidence can disappear quickly after a workplace accident. The sooner you consult with an attorney, the better your chances of preserving critical evidence and building a strong case.

Contact Our Workplace Injury Attorneys

At Tannenbaum, Bellantone & Silver, P.C., our experienced workplace injury attorneys know how to identify every potential avenue of recovery and pursue maximum compensation on your behalf. If you were injured at work on Long Island or anywhere in New York, contact us today for a free consultation to learn whether you have a third-party claim in addition to your workers’ compensation benefits.