When you become injured at work, filing a workers’ compensation claim is often the logical next step. But if a party other than your employer (“Third Party”) was potentially responsible for the accident, you may be in a position to file an additional lawsuit against them.
A workplace injury lawyer can help you determine whether another type of claim may help supplement whatever workers’ comp doesn’t cover. They will explain how third-party liability plays into your accident and guide you in the next steps while you focus on recovering.
Exploring Potentially Liable Third Parties in Your Accident Case
Almost 139,000 workplace injuries and illnesses took place in New York in 2022, according to the Bureau of Labor Statistics. In 2023, 69 people were killed in workplace accidents in New York City alone.
No matter what industry you work in, you have at least a small chance of becoming injured on the job. For this reason and more, New York requires virtually all employers to provide workers’ comp benefits.
But what happens if a party outside your company/employer was at least partially responsible for your accident? If you can prove that a third party contributed to your accident, you may be able to seek compensation directly from them in addition to a workers’ compensation claim.
Parties that may be partially responsible for a workplace accident include:
- Property owners
- Equipment and machinery manufacturers
- Construction companies
- Cleaning companies
- Drivers who cause a car accident you are involved in
- Contractors who work for your company but are not employees
- Customers or visitors who acted negligently or even violently
Your workplace injury lawyer can help determine which parties were partially responsible for your accident. You may not realize that another party is to blame until your attorney helps you look deeper into the cause of the injury.
Your Options for Seeking Compensation
If a third party caused or contributed to your workplace injury, you have a few options for seeking compensation. Your workers’ compensation lawyer in New York can help you explore these options and advise you on the route that may lead to the highest payout.
Workers’ Comp Claim
If your accident happened at work or while you were performing your job duties, you probably qualify for workers’ compensation. You can claim workers’ comp regardless of who was at fault for the accident, whether it was a third party, your employer, or even yourself.
Some accident victims choose to file for workers’ comp instead of pursuing third-party claims because it is straightforward and relatively fast. However, this type of claim will only provide you with up to two-thirds of your average weekly wages while you recover, or a cap of $1,171.46 weekly before June 30, 2025. (This maximum increases every July.)
Third-Party Claim
If another party was responsible for your accident, you can potentially file an additional liability claim against them to increase your payout beyond a workers’ comp claim. This may involve negotiating with their insurance company, which a seasoned legal professional can do on your behalf.
A personal injury lawsuit allows you to seek economic and non-economic damages from the defendant. Economic damages may include:
- Medical bills
- Lost wages
- Loss of future earning capacity
Non-economic damages cover the costs associated with the accident that do not have a direct price tag, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
Both Types of Claims
When you file a workers’ comp claim, you are pursing your legal rights for compensation with respect to your employer. But this does not mean you cannot file a claim against a third party in addition to filing for workers’ comp.
Your workplace injury lawyer can help you understand whether or not filing both types of claims is an available option.
Proving Negligence in a Third-Party Claim
While workers’ comp is a no-fault system, third-party claims require you to provide evidence showing the liable party’s negligence or fault. Your workplace injury lawyer will help you collect evidence to show that your case meets the four elements of negligence, which are as follows:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred due to the breach.
- You suffered damages in the accident.
People and organizations generally owe a duty of care to prevent accidents for those around them. Meanwhile, manufacturers are strictly liable for the injuries their products cause.
A party breaches their duty of care by putting someone else in harm’s way, whether purposefully or inadvertently. For example, a manufacturer breaches their duty of care when they release a faulty product. A driver breaches theirs when they violate traffic laws, causing an accident.
Evidence can show that this breach led to your accident, such as:
- Photos of the accident scene
- Security camera footage of the incident
- Witness testimonies
- Vehicle black box footage (in the case of car or even airlines accidents)
- Accident reports
Your attorney can also help you secure medical documentation that ties your workplace injuries directly to the accident. This may prevent the defendant from claiming that your injuries were pre-existing.
Be Sure To File by the Appropriate Deadlines
Workers’ comp claims and personal injury lawsuits both follow strict deadlines. In New York, you have two years from the injury date to file for workers’ comp, but you must notify your employer of the injury within 30 days.
Meanwhile, the statute of limitations for personal injury cases is three years, though this varies slightly depending on the accident type and whether the defendant is a government agency. Failing to file by these deadlines may prevent you from seeking compensation, but your workplace injury lawyer can help you follow them precisely.
Contact our Workers’ Compensation Attorneys in New York
More than 2.6 million nonfatal workplace injuries and illnesses occurred in private companies across the U.S. in 2023, according to the Bureau of Labor Statistics. When a third party is responsible for an accident, it may feel especially overwhelming and disheartening.
Allow our workplace injury lawyers at Pyrros, Serres & Rupwani to explain your rights and guide you through the compensation process. Schedule a free case evaluation today by calling 718-626-7730, then learn about the role of truthfulness in workers’ compensation.
Frequently Asked Questions
What is third-party negligence?
Third-party negligence means that a party other than you, a coworker, or your employer was responsible for an accident that led to your damages.
How long do you have to sue for work-related injuries in New York?
If you want to sue for work-related injuries, you generally must adhere to the three-year statute of limitations in New York. However, be sure to consult with a workplace injury lawyer to understand the exact deadline that applies to your case.
Can you lose your job because of an injury?
You generally cannot lose your job because of an injury unless it prevents you from performing your assigned tasks. An employer cannot fire you in retaliation for submitting a workers’ compensation claim. If they do, you may have grounds for a case against them.
