When you’re injured at work in New York, workers’ compensation typically covers your medical expenses and lost wages. However, if a third party’s negligence caused or contributed to your injury, you may have the right to file a third-party claim in addition to your workers’ compensation benefits. Understanding how third-party claims work alongside workers’ comp can help you recover full compensation.
How Fusco, Brandenstein & Rada, P.C. Can Help With Your Third-Party Claim
At Fusco, Brandenstein & Rada, P.C., our attorneys understand third-party claims and workers’ compensation benefits. Our team has worked with injured workers throughout New York to pursue third-party claims. We coordinate with your employer’s insurance carrier and protect your interests. We work to help you recover the compensation you’re entitled to. When you work with our firm, you gain advocates who understand both systems and the challenges you face as an injured worker.
What Is a Third-Party Claim in a Workplace Injury?
A third-party claim is a legal action you bring against someone other than your employer. You file this claim because their negligence or wrongful conduct caused or contributed to your workplace injury. Unlike workers’ compensation, which is a no-fault system, third-party claims require you to prove that the defendant acted negligently and caused your harm.
How Third-Party Claims Differ from Workers’ Compensation
Workers’ compensation is a no-fault insurance system that your employer carries. You receive benefits regardless of who caused the accident. However, you cannot sue your employer for additional damages. Third-party claims are personal injury lawsuits against parties other than your employer. They require proving negligence. However, they allow you to recover damages for pain and suffering—something workers’ compensation does not cover. The key advantage in New York is that you can pursue both simultaneously. This approach maximizes your total recovery.
Who Can Be Held Liable for Your Workplace Injury?
Many different parties can be held liable for workplace injuries depending on the circumstances:
Property owners and managers may be responsible if unsafe conditions on their premises caused your injury. This includes slip-and-fall accidents, inadequate security, or failure to maintain safe premises.
Equipment manufacturers can be liable if defective or dangerous equipment harmed you. Defective machinery, tools, or safety equipment that fails to function properly may result in manufacturer liability.
Contractors and subcontractors working at your job site may be held responsible for negligent actions. Third-party contractors who fail to follow safety protocols or cause accidents can be held liable.
Delivery drivers and vendors who cause accidents during work-related activities can be sued. If a delivery driver or vendor causes an accident that injures you, they may be liable.
Security companies, architects, engineers, and maintenance contractors may be liable depending on the facts of your case. These professionals have a duty to maintain safe conditions and follow industry standards.
For example, if defective equipment injured you, the manufacturer may be liable. If you’re hurt on someone else’s property due to unsafe conditions, the property owner may be responsible. If a contractor’s negligence caused your accident, they could face liability.
Proving Negligence in Your Third-Party Claim
The Four Elements of Negligence
To succeed in a third-party claim, you must establish four key elements:
Duty of care – The defendant owed you a legal obligation to act reasonably and avoid harming others. This is the foundation of any negligence claim.
Breach – The defendant breached that duty through negligent or reckless conduct. They failed to meet the standard of care expected in their situation.
Causation – That breach directly caused your injury. There must be a clear connection between the defendant’s actions and your harm.
Damages – You suffered actual damages as a result. You must have measurable losses—medical bills, lost wages, pain and suffering, or other compensable harm.
Proving negligence requires gathering evidence, interviewing witnesses, and obtaining expert testimony. Our attorneys have the experience and resources to develop strong negligence claims on your behalf.
How Workers’ Compensation Liens Affect Your Recovery
Your employer’s workers’ compensation insurer may have a lien on any third-party settlement you receive. This means they can recover the benefits they paid toward your medical care and lost wages from your settlement.
For example, if your employer’s insurer paid $50,000 in medical bills and lost wages, they may claim a $50,000 lien against your third-party settlement. This significantly reduces the amount you receive. That’s why skilled negotiation matters. Fusco, Brandenstein & Rada, P.C. helps navigate this complex coordination to protect your interests. We work to reduce liens where possible. We ensure you keep as much of your settlement as the law allows.
Understanding workers’ compensation liens is critical to maximizing your recovery. Many injured workers don’t realize how much of their settlement can be claimed by the insurer, which is why legal representation is essential.
Deadlines and Statute of Limitations for Third-Party Claims
In New York, you generally have three years from the date of injury to file a third-party lawsuit. This deadline is called the statute of limitations. However, certain circumstances may extend or shorten this deadline.
For instance, if the injured person is a minor, the clock may not start running until they reach adulthood. If the defendant leaves New York, the time they’re absent may not count toward the deadline. Missing the statute of limitations deadline eliminates your right to pursue the claim entirely. Prompt legal action is essential to preserve your rights and meet all critical deadlines.
Don’t delay in seeking legal counsel. Contact Fusco, Brandenstein & Rada, P.C. to ensure your third-party claim is filed within the required timeframe.
Types of Damages You Can Recover
Third-party claims allow recovery for economic damages and non-economic damages:
Economic damages include medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses related to your injury. These are quantifiable losses that can be documented and calculated.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life. These damages compensate you for the intangible harm you’ve experienced.
Unlike workers’ compensation, which covers only medical expenses and a portion of lost wages, third-party claims can include compensation for pain and suffering. This significantly increases your potential recovery. In cases involving severe injuries or permanent disability, the difference between workers’ compensation benefits and a full third-party recovery can be substantial.
Frequently Asked Questions About Third-Party Claims
Can I receive workers’ compensation and file a third-party claim at the same time?
Yes. In New York, you can pursue both simultaneously. Your workers’ comp covers immediate medical needs and lost wages. Your third-party claim seeks full compensation for all damages caused by the negligent party. You don’t have to choose between them—you can have both working for you.
What if my employer is partially responsible for my injury?
You cannot sue your employer or co-workers for a workplace injury—that’s what workers’ compensation is designed for. However, if a third party shares responsibility, you can still pursue a claim against them. Your employer’s partial fault doesn’t prevent you from suing the third party who also caused your injury.
How long does a third-party claim take to resolve?
The timeline varies based on claim complexity, injury severity, and whether the case settles or goes to trial. Some claims resolve within months through settlement negotiations. Others may take one to three years if litigation becomes necessary. Fusco, Brandenstein & Rada, P.C. works to resolve claims efficiently while pursuing fair compensation.
Will I have to go to court?
Many third-party claims settle before trial. Insurance companies often prefer settling to avoid the uncertainty and expense of litigation. However, if a fair settlement cannot be reached, your attorney will be prepared to take your case to court. We will advocate for your rights before a judge and jury.
What happens to my workers’ compensation benefits if I win a third-party claim?
Your employer’s insurer has a lien on the settlement to recover benefits paid. However, this lien is not unlimited. New York law provides protections to ensure you retain a reasonable portion of your recovery. Fusco, Brandenstein & Rada, P.C. negotiates to minimize this lien and protect your recovery.
Contact Fusco, Brandenstein & Rada, P.C. for Your Free Consultation
If you’ve been injured at work in New York and believe a third party is responsible, don’t wait. Call 516-496-0400 today to discuss your case with an attorney. We offer free initial consultations to evaluate your third-party claim and explain your options. Let Fusco, Brandenstein & Rada, P.C. help you pursue the compensation you deserve.
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