Injuries on the job can be a giant, stressful, painful hassle. Your first concern is dealing with the personal fallout of an injury while you recover. Still, right up there, you may also be considering the possibility of getting compensated for your injury. Your first idea may be to sue your employer, and while you aren’t wrong, you may have other options in addition to your employer. This blog will explain what other options you have, in the form of a third-party personal injury claim. Remember, you shouldn’t hesitate to get in contact with our New York injury lawyers if you find yourself struggling after a workplace injury.
Who Is the “Third Party” of a Third-Party Personal Injury Claim?
As is the case for many of us with legalese terms, you might know who is being referred to when you hear a term like “third-party personal injury claim.” But in the realm of New York personal injury and worker’s compensation law, a third party refers to someone other than your employer who could be liable for injuries you suffered in the workplace.
This is the other option you have when considering who to sue for your compensation. Were you to be hurt in a car accident in the middle of making deliveries for your employer, for instance, the initial source of compensation should be the New York State Worker’s Compensation system. However, a potentially liable third party may be the manufacturer of a faulty car part when the accident precipitated in the immediate moment.
When Can I Sue a Third Party?
There are many other examples of situations where you should sue third parties to make sure you get the most of the compensation to which you are legally entitled. Some scenarios with liable third parties can include:
- If you fall from an unsafe ladder or scaffold while working at a construction site
- If you are injured because of a subcontractor, like an electrician, while at your workplace
- If a heavy object, which was improperly secured, falls on you at your work site
In these examples, you might have a claim against the ladder manufacturer, the subcontractor, the electrician, or the work site supervisor, respectively.
Any individual you file a claim against during your workplace compensation lawsuit allows you to get redress for medical expenses, lost income, as well as pain and suffering.
You may also have a feasible third-party claim if someone in your family died in a workplace accident. In that case, you might be entitled to pursue a third-party wrongful death claim and redress through the workers’ compensation system.
