In order to avoid placing employees in the uncomfortable position of suing their employer after sustaining an injury at work, the workers’ compensation system was established. This is a no-fault insurance system that pays for medical expenses and replaces a portion of an injured worker’s wages. The injured worker does not have to show that the employer was negligent in order to receive these benefits. However, the trade-off is injured employees are usually barred from suing their employer. In certain situations, another person or entity other than the employer may have liability for a work-related accident. Some common examples of situations when third parties are liable for work injuries include:
Car accidents – If you were driving a company vehicle or were performing work-related tasks at the time of an accident, you may be able to sue the at-fault driver, as well as file a workers’ compensation claim.
Defective products – Some work-related accidents occur because a tool or device was defective. A tool may cause electric shock, or brakes may malfunction and cause a car accident. In these situations, injured workers may have a claim against the product manufacturer.
Construction site accidents – Construction injuries often result in third-party claims because sites often have different people from different companies. If you work for a subcontractor, you may be able to make a claim against the general contractor, who is typically responsible for safety on the jobsite.
Property owner liability –You may suffer an injury while on someone else’s property. For example, you may have made a sales call and been bitten by a dog while lawfully there. In this type of situation, you may have a claim against the owner of the property.
Toxic substances – At work, you may be injured by toxic chemicals or other dangerous substances. You may be able to file a claim against the manufacturer of these substances.
Workers’ compensation claims are somewhat simpler than third-party liability claims because workers’ compensation is a no-fault system. You simply have to show that the injury occurred while you were at work or performing a work-related duty. However, in a third-party claim, you must prove that the other party was negligent. This requires you to prove the following:
- The third party owed you a duty of care
- The third party breached this duty of care
- As a result of the breach, you suffered injuries
- Your injuries caused you to suffer monetary damages
Your personal injury lawyer can work with you to gather the evidence necessary to prove these factors. You can collect workers’ compensation while also pursuing compensation for the full extent of your damages against a third-party by filing a lawsuit against the liable party.
At HURT-511, 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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