Blog > Construction Accident > What is a third-party liability claim?

What is a third-party liability claim?

An on-the-job injury can be a devastating blow for many workers, but thankfully New York Labor Law is designed to provide a basic level of protection for workplace accidents through the state-regulated workers’ compensation system.

Workers’ compensation insurance is required for virtually every New York business that has employees. This insurance will provide compensation for lost wages, medical bills, disability benefits, and even vocational rehabilitation, if necessary.

Unlike a traditional personal injury lawsuit, workers compensation is a “no-fault” system, meaning that you do not need to demonstrate negligence from another party in order to receive compensation for your injuries. Employers are also granted a level of security because the workers’ compensation system limits the ability of employees to file lawsuits against their employers for on the job injuries, except in cases of extreme negligence.

Workers’ compensation may not be your only potential source for financial compensation, however. In some cases, you may be able to file a lawsuit for additional compensation for a work-related accident if a third party was at fault for your injury. These are known as third party liability claims and involve someone who doesn’t work for your employer.

There are many common situations where third-party liability claims may arise, including:

  • Manufacturing or design defects, which may include tools, equipment, or materials used on the job site.
  • A driver who causes an accident that injures a worker who is on the road as part of the job.
  • The owner of another business that a worker visits as part of his job, and who has failed to keep the building or premises clear of potential hazards, as in a premises liability case.
  • Injuries caused by a contractor working at the same construction site, or an operator of heavy machinery at the job site.
  • Injuries caused to an employee by a customer at a restaurant or retail establishment, or injuries caused by a patient while working at a hospital.

While most employees know that they can turn to workers’ compensation in order to help them make ends meet following their workplace accident, many overlook the possibility of a third-party liability claim, even when they have a strong case for doing so. Workers’ compensation is an excellent safety net, but it will not cover pain and suffering or future economic damages as a result of an on-the-job injury, whereas a third-party liability claim can. In instances of extreme negligence by a third-party, these liability claims can also cover punitive damages.

Pursuing a third-party liability claim may take additional time and patience beyond filing a workers’ compensation claim, but if your injury was caused by the negligence of an outside party, then you have every right to seek legal compensation for those damages.
If you or a loved one has suffered an on-the-job injury caused by a defective product, a customer, a worker from another company, or a member of the public, then you may be able to pursue a third-party liability claim. Every on-the-job injury is different, which is why it is important that you speak with an experienced workplace accident attorney like those at Greenberg & Stein to ensure that you receive the compensation you need and deserve for medical bills, lost wages, and pain and suffering.

We offer a free consultation and a 24-hour phone line, so don’t hesitate to call us if you’ve suffered a workplace injury in New York City. Call us today at 888-411-3966 for a no-obligation case evaluation and see what a topnotch personal injury attorney in New York City can do for you.