Can I Sue Third Parties for a Work Injury Due to Negligence?

Workers’ compensation vs. third-party claims – will you be able to access a payout from both?

When you’re injured on the job, workers’ compensation is generally the first place you should turn for financial support. However, it has its drawbacks; it doesn’t provide for noneconomic or punitive damages, and it doesn’t account for any third parties who may have played a role in your accident.

In this post, we look at the different factors that separate workers’ compensation claims and personal injury lawsuits related to work injuries, and explain which one is likely to be most appropriate for you.

Workers’ Compensation vs. Third-Party Claims

Workers’ compensation operates on a no-fault system, providing coverage for medical bills and a portion of lost wages regardless of who caused your injury. You don’t need to prove negligence or fault to receive workers’ comp benefits, which makes it a quicker and more accessible route for most work-related injuries. Whether you fell off a scaffold, crashed your delivery bike, or developed a repetitive strain injury from using a keyboard, you should be entitled to workers’ compensation.

However, the rules in New York protect your employer from personal injury claims in relation to accidents covered by workers’ compensation. Essentially, you can’t sue your employer for an accident if you get workers’ comp.

Because workers’ comp doesn’t allow for noneconomic or punitive damages, your financial recovery might be limited by this rule – unless the negligence of some person or entity other than the company you work for might have caused your accident.

If some third party caused your injury, or played a role in it, you might be able to get workers’ compensation and personal injury benefits.

Who Can Be Considered a Third Party?

There are various categories of individuals and companies that we often sue as third-party defendants on behalf of our work injury clients. We discuss some of the most common in this section.

Contractors or Subcontractors

If your job is in construction, or an industrial setting, you likely work alongside contractors and subcontractors – individuals not directly employed by the same company as you. If someone working in this capacity was responsible for your accident, you may be able to file suit against them (or their employer).

Manufacturers of Defective Products

If a defective tool, piece of equipment, or machinery caused your injury, the manufacturer or distributor of that product could be held liable. In this type of claim (known as a product liability lawsuit), you would need to show that the product was defectively designed or manufactured, or lacked proper safety warnings, and that this specific shortcoming caused your accident.

Property Owners

If your work injury occurred on property owned by someone other than your employer, you may be able to hold the property owner accountable. For instance, if you had a slip and fall accident due to hazardous conditions on a client’s premises, you could file a third-party claim against the property owner.

Drivers in Car Accidents

If you were involved in a car accident while performing work-related duties, and the crash was caused by another driver, that driver could be held liable in a third-party claim. This could be particularly useful if the third party was behaving recklessly on the road (such as by driving drunk), as this might entitle you to punitive damages.

Proving Negligence in a Third-Party Claim

To succeed in a third-party claim, you must prove that the third party’s negligence directly caused your injury. In personal injury law, negligence has four essential elements: duty of care, breach of duty, causation, and damages.

Let’s say you were working as a delivery driver and suffered injuries in an accident caused by another road user. The four necessary elements of negligence in your case might be as follows:

  • Duty of care: The first thing you need to prove is that the third party owed you a duty of care. Every driver has a legal obligation to operate their vehicle safely and follow traffic laws to avoid harming others on the road. In this example, the driver who caused the accident owed you, as a fellow road user, a duty of care to drive responsibly and prevent accidents.
  • Breach of duty: Next, you must demonstrate that the third party breached their duty of care by failing to act as a reasonable person would under the same circumstances. For example, if the driver who hit you was texting while driving or ran a red light, that would constitute a breach of their duty to drive safely.
  • Causation: Once you’ve proven that the third party breached their duty, you need to show that their actions caused your injury. In our example, if the driver’s negligent behavior (such as running a red light) led to the car accident that injured you while making deliveries, causation is established. You must demonstrate that your injury wouldn’t have happened if the other driver hadn’t breached their duty of care.
  • Damages: Finally, you must show that you suffered actual damages as a result of the third party’s negligence. These might include medical bills, lost wages, pain and suffering, or some other form of economic or noneconomic loss.

Benefits of Filing a Third-Party Claim

As noted above, workers’ compensation only covers certain types of economic damages. A third-party claim could allow you to seek compensation for noneconomic damages, like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, you might even be eligible for punitive damages.

In New York, punitive damages are awarded only when a defendant’s actions are extremely negligent or malicious. For instance, if the third party responsible for your injury was knowingly engaging in illegal or hazardous behavior—like driving under the influence of drugs or alcohol—that gross negligence could open the door to punitive damages.

The easiest way to learn whether noneconomic or punitive damages might be available in your claim is to contact an attorney about a free initial case consultation. After this first meeting, you’ll have a good idea of whether you should file a lawsuit against the third party involved in your case.

Navigating the Legal Process for Third-Party Claims

Workers’ compensation can be complex enough by itself; if you’re weighing up the possibility of a third-party claim as well, you may find the process overwhelming. Luckily for you, help is always available.

Tucker Lawyers have combined decades of experience when it comes to helping injury victims. We’ll be able to assess all the damages you may be entitled to and instruct you on how best to pursue them.

Contact us today to schedule a free initial consultation. You can reach us via our online webform or over the phone at (516) 399-2364.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

Table of Contents

Archives