Third-Party Workplace Injury
New York Workers Compensation Covers Third-Party Job Injury Liability Claims
Work injuries are often complex, with numerous factors contributing to the accident or occupational illness. Perhaps you're an injured utility worker who got electrocuted when a faulty cable sparked or you suffered a back injury due to malfunctioning construction site equipment. Maybe you were run over by a distracted delivery van driver in the office parking lot or you were rear-ended by a drunk trucker while out on a sales call.
In each case, a third-party—that is, another person or entity not affiliated with your employer—is at least partially liable for your job-related injury: The faulty cable and construction equipment manufacturers, the delivery van driver's employer and the trucking company. You have workers compensation benefits coming to you to help you recover, but a 3rd party claim or lawsuit can help you recover significantly more.
Who can be held liable in a third-party claim?
A work accident may have been caused by the negligence of:
- Manufacturers or suppliers: This could involve defective machinery, tools, or safety equipment that malfunctioned or failed to perform as intended.
- Contractors or subcontractors: This could include failure to provide proper safety measures, inadequate training, or negligent actions that led to the injury.
- Property owners: In cases where the accident occurred on someone else's property, such as a slip and fall or a premises liability incident, the property owner or manager may be held responsible if they failed to maintain a safe environment or address known hazards.
- Architects or engineers: If the accident was caused by design flaws, structural failures, or engineering errors, the architect or engineer responsible for the design or construction of the premises could be held liable for the resulting injuries.
- Drivers or vehicle owners: In accidents involving work-related transportation, such as delivery trucks or company vehicles, the driver or the owner of the vehicle may be held accountable if their negligence or reckless behavior caused the accident.
- Maintenance or service providers: If the accident resulted from improper maintenance or negligent servicing of equipment or machinery, the maintenance or service provider responsible for that task could be held liable.
If one or more of these third parties are found to be liable, you may be able to recover compensation for lost wages not covered by workers’ compensation benefits, and other damages such as pain and suffering.
If you were injured on the job, the workers’ compensation attorneys at our firm can help you take legal action to recover the compensation you deserve from negligent parties.
Taking legal action against a third party
Negligent parties often won’t admit to doing anything wrong, and their insurance companies may deny any liability. That’s why you need an experienced attorney on your side who knows how to build strong cases that get results.
Our firm can investigate your workplace accident to get the facts. Our legal team will:
- Gather evidence such photos or video from the accident scene.
- Carefully review accident reports and medical records.
- Seek access to any relevant information controlled by the third party.
- Interview witnesses who saw the accident itself or the party’s actions prior to the accident.
- Consult experts who can tell us whether safety procedures and protocols were followed.
Our lawyers can then identify the negligent party responsible for the accident and take legal action to hold that party accountable. Many times, we are able to negotiate a settlement with the insurance company that meets your needs. But we are prepared to fight for you in court if that’s what it takes.
Call a tireless lawyer to pursue negligent third parties
If you were hurt in a workplace accident caused by a negligent third party, learn more about how we can help. We are dedicated to helping injured workers recover the benefits and compensation they deserve.
Third-party liability cases are complex, but we've been doing this for over 80 years and know the workers compensation process inside and out. We'll help you document every detail of your injury, so that you can get the third-party compensation you deserve. Call us today toll-free at (800) 692-3717 or contact us online for a free evaluation. We help injured New York workers in Manhattan, Westchester, Staten Island, Long Island, Brooklyn, Queens County, Rockland County and the Bronx. We work hard for our clients, handling everything from negotiating lost wages to medical bills to vocational rehabilitation.