What is a Third-Party Work Injury Claim in New York?

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third-party work injury claim new york

In New York, workers’ compensation insurance covers most workers. By filing a workers’ compensation claim for benefits, you agree to not sue your employer, except under exceptional circumstances, for any negligence that caused you harm. Nevertheless, filing a workers’ compensation claim does not necessarily prevent you from holding negligent third parties liable for your injury. In fact, you can file a workers’ compensation claim and third-party work injury claim at the same time. For more information on the nature of a third-party work injury claim, please keep reading, then contact an experienced New York City work injury lawyer today.

What constitutes a third-party work injury claim in New York?

When a person or entity other than your employer is involved in causing your injury, that constitutes third-party negligence. A third-party liability claim can offer additional benefits besides workers’ compensation to the injured person.

Who can you name in a third-party workplace injury claim in New York?

Empire State law mandates that employers must ensure a safe working environment for their employees. In addition, when working alongside other entities, these third parties must also ensure compliance with safety protocols. If they do not, you may hold the following entities liable:

  • Owners of construction sites: If the construction site’s owner does not provide the proper safety equipment or a safe working environment, you can hold them liable.
  • Architects and engineers: If an architect or engineer’s contractual duties involve ensuring the compliance of all safety codes during the project’s progression, you can hold them responsible for an injury.
  • General contractors or subcontractors: When general contractors or subcontractors do not abide by the safety rules laid down by the Occupational Safety and Health Administration, you can hold them liable.
  • Manufacturers: In the event that a defective device leads to an injury, you can hold the manufacturer responsible.
  • Drivers: If a driver causes an accident resulting in injury, you can name the driver, the vehicle owner or the driver’s employer in your personal injury claim.

What can you recover in a third-party negligence claim in New York?

In addition to benefits from workers’ compensation, you and your skilled New York City personal injury attorney may be able to pursue the following forms of compensation:

Economic damages:

  • Medical expenses: Hospital stays, doctors visits, treatments and therapies.
  • Lost wages: Includes current and future lost earnings

Non-economic damages:

  • Pain and suffering: Physical and emotional pain caused by your injury.
  • Emotional distress: Anxiety, grief, fear, shock, etc.
  • Loss of enjoyment: The impact on your daily activities that you once used to enjoy.
  • Disability or disfigurement: Scarring or other permanent disfigurements to your appearance.
  • Loss of consortium: How the injury impacted your relationships or marriage.

Our firm is here to help, so give us a call today.

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The Law Offices of Brian J. Elbaum handles a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. Contact us today to schedule your free initial consultation.

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