In New York, if you are injured at work, you are most likely covered by your employer’s workers’ compensation benefits. However, there are situations where you may be entitled to compensation for your injuries from someone other than your employer. Third party claims are important because in most workers’ compensation cases in New York you may not recover damages such as pain and suffering. There are some common situations where third-party claims arise:
Auto Accidents
Cases involving auto accidents are the most common type of third-party claim in a workers’ compensation case. If a worker is injured by the negligence of another driver while driving for the worker’s job, that worker can file a workers’ compensation claim. The worker can also sue the at-fault driver if he or she has sustained serious injuries. In some auto accident cases, the third party could even be a co-worker if the worker was the injured passenger and the co-worker was the at-fault driver.
Premises Liability
A business or property owner has a duty to keep their premises in a reasonably safe condition for people who enter the property. Business or property owners must take reasonable precautions to make sure people are safe and to warn others of potential hazards. If a worker is injured on a business or property owner’s premises while on the property for a work-related reason, that worker could file a workers’ compensation claim and a claim against the business or property owner for premises liability. Third-party claims involving premises liability could include dog bites, slip and fall, failure to warn of known hazards, and negligent security. At a construction site, accidents due to unsafe equipment or failure to follow safety laws can be the basis for a lawsuit against the owner, general contractor, or trade responsible for the condition.
Defective Products
If a worker is injured on the job due to a dangerous or defective product, the worker could file a third-party product liability claim against the manufacturer or distributor of the product. These products could be equipment or tools used by the worker in the course of their employment. Defective products include those that are defectively manufactured, defectively designed, or fail to contain adequate warnings of their dangers.
Contact an Experienced Personal Injury Attorney
If you have been injured at work and believe that you may have a third-party claim, you should consult with a personal injury attorney. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español