Liability in Workers’ Comp Cases

When a worker is injured on the job and more than one company is involved, or more than one person, a standard workers’ compensation claim may not be enough to fully address the legal issues at hand. This is highly common in the construction industry, where multiple trades work on the same jobsite simultaneously. For instance, if an employee working on one trade (such as a flooring specialist) is involved in the injury of another employee of a different trade (such as the framer), the injured party can seek legal recourse. However, a workers’ comp claim will not cover certain aspects of the accident and injury, i.e. pain and suffering, loss of enjoyment, etc. When this is the case, a third party liability claim is in order.

Another example where a third party liability claim would be applicable is in the case of a person who drives for a living, or as part of their employment responsibilities. If an employee is involved in an accident while driving during work hours, a workers’ comp case would be in order because the injury occurred on the job; however, because the injury was caused by someone other than the employer, a third party liability claim would better address the legal issues at hand. To understand what third party liability is, you must first understand the definitions of first and second party liability.

  • First party liability, or first party insurance, is a policy that applies to the insured (first party, i.e. you). First party liability is when the insured person is also the person at fault.
  • Second party liability refers to your employer. In these cases, there is a contractual relationship, or obligation, between the injured party (you) and the other insurance company (your employer) to act in good faith.
  • Third party liability, or third-party insurance, is when you (the first party) are injured by a person or business other than your employer (aka a third party).

For more information about scaffolding laws, feel free to contact HURT-511 and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.