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1 800 HURT 511

The Sanders Law Firm

Liability in Workers’ Comp Cases

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.

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From Our Clients

Stephanie De La Cruz
quote

I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz

Jordan Barnes
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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes

Kevin Diaz
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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz

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Our locations

  • QUEENS OFFICE

    163-07 Depot Road, Suite 101
    Flushing NY 11358

    104-70 Queens Blvd., #501
    Forest Hills NY 11375

  • BRONX OFFICE

    2932 Wilkinson Ave,
    The Bronx NY 10461

  • BROOKLYN OFFICE

    1733 Sheepshead Bay Rd, Suite 43
    Brooklyn NY 11235

  • LONG ISLAND OFFICE

    100 Herricks Road,
    Mineola NY 11501

    100 Garden City Plaza, Suite 500
    Garden City NY 11530

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