Third-party Claims in Workers Compensation Cases

If you’ve been injured on the job, in New York, you have the right to file a claim for workers’ compensation to receive reimbursement for your medical bills and lost wages. However, sometimes, a third party is responsible for the injuries you sustained on the job. If that’s the case, then you may be able to file a third-party claim in addition to your workers’ compensation claim.

Types of Third-Party Claims

When you’ve been injured on the job, there are a number of different situations where a third party, meaning not your employer, bears some responsibility for your injuries. Some common situations where a third-party claim can be filed include:

  • Car accidents—if you are injured in a car accident while on the job, you may be able to file a claim against the at-fault driver. For instance, if you are a delivery driver and you are hit by a negligent driver, you may be able to file a claim against that driver.
  • Construction accidents—on construction sites, an owner or general contractor is responsible for ensuring that a worksite is safe. If you work for a subcontractor and are injured due to an unsafe worksite, or violation of the Labor Law you may have a claim against an owner or contractor.
  • Premises liability—if you are at a person’s home or business for a work-related purpose and you are injured due to a dangerous condition on the property, you may be able to file a premises liability claim against the property owner or business.
  • Product liability—if you were injured by a defective tool or machine that you were using for work, you may be able to file a product liability claim against the manufacturer or distributor of the defective product.

If you have grounds for filing a third-party claim in addition to your workers’ compensation claim, you should seriously consider doing so. While workers’ compensation can reimburse you for your medical expenses and lost wages, it cannot compensate you for any pain and suffering you may have experienced as a result of your injuries. In order to receive this compensation, you have to file a claim against a third party.

Contact an Experienced Negligence Attorney

If you’ve been injured on the job and believe that a third party may be responsible, you should have an experienced negligence attorney evaluate your case for free. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured workers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.