Third-party Workers’ Comp Claim

In New York, workers’ compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their losses. When considering an application for workers’ compensation, negligence is not used as a determining factor. This means mistakes made by your employer or a failure to follow OSHA regulations will not be taken into consideration. Likewise, it doesn’t matter if you made a mistake and were injured as a result. You will still be able to apply for compensation. The law offers broad protection to workers who have suffered workplace injuries, and is designed to ensure no worker is left without compensation to pay their bills and expenses.

The compensation benefits for workers in New York provide coverage for everyday expenses and medical bills — however these benefits are not as extensive as awards made under traditional personal injury claims. It is not possible for workers to sue their employers when they are injured in the workplace, instead they must file a claim under workers’ compensation law in order to recover their losses.

Workers’ compensation insurance coverage is designed to help the injured employee while protecting the employer from a lawsuit. The employer pays for workers’ compensation coverage. In return, an injured worker can file a claim for benefits that can help with full medical costs, possible disability benefits, partial compensation for wages lost, and death benefits to the family of someone who loses their life as a result of a workplace accident.

Unfortunately, many people feel that workers’ compensation is the only remedy they have if an injury occurs on the job. What they don’t understand is that there may be other options depending on the situation. In cases where negligence is involved, there may be a possible third-party claim. This would allow the injured employee to seek compensation from another person or entity who may have caused the accident.

In certain circumstances, there may be a number of parties who may be held liable for an injury-causing accident. For these types of accidents, the injured victim may be able to file a third-party liability claim. A third-party claim is most often used when the accident is the result of someone else’s negligence or recklessness. There multiple situations that may be included in a third-party liability claim.

Manufacture defect – Construction sites and many other workplaces use countless amounts of equipment from tools and machinery to forklifts and cranes. When equipment is not properly manufactured, it can malfunction and harm the person using it or other people in the area. In these types of cases, the manufacturer may be held accountable for the injury.

Failure to provide proper safety – In some situations, an employee may work for another employer in joint employment matters. If that is the case, and the other employer does not provide proper safety equipment or gear, they may be held liable for the accident.

Premises liability – If you are contracted to work on someone else’s property and the grounds has dangers, accidents can occur. An injury sustained on someone else’s property as a result of a known danger may serve as enough to file a third-party liability claim.

In third-party liability claims, you may be able to take legal action in addition to filing for workers’ compensation benefits. This can help you reach the maximum amount of compensation depending on the circumstances that led to your injury.

If you are a worker in New York City and sustain a workplace injury, a HURT-511 personal injury lawyer can help you recover the benefits to which you may be 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.