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Construction Worker Fall Injury

Workers' Comp vs. Third-Party Liability

When someone is injured on a work site, they have various options available to them to help cover compensation. In some instances, workers’ compensation benefits may be available. Depending on the situation, there may be other third parties involved. Understanding which covers your specific injury is important so you can file the proper claim after an accident. At The Perecman Firm, P.L.L.C., our New York City workers' compensation lawyers explain the differences between workers’ compensation benefits and third-party liability claims.

Workers’ Compensation Claims

In matters of workplace accidents, workers’ compensation claims can be beneficial. Workers who are harmed while performing their daily tasks at work may be eligible to file a workers’ compensation claim. This means that there was no other party involved in the accident and nobody else caused the injury.

Workers’ compensation insurance coverage is designed to help the injured employee while protecting the employer from a lawsuit. The employer pays for workers’ compensation coverage. In return, an injured worker can file a claim for benefits that can help with full medical costs, possible disability benefits, partial compensation for wages lost, and death benefits to the family of someone who loses their life as a result of a workplace accident.

Unfortunately, many people feel that workers’ compensation is the only remedy they have if an injury occurs on the job. What they don’t understand is that there may be other options depending on the situation. In cases where negligence is involved, there may be a possible third-party claim. This would allow the injured employee to seek compensation from another person or entity who may have caused the accident.

Third-Party Liability Claims

In certain circumstances, there may be a number of parties who may be held liable for an injury-causing accident. For these types of accidents, the injured victim may be able to file a third-party liability claim. A third-party claim is most often used when the accident is the result of someone else’s negligence or recklessness. There multiple situations that may be included in a third-party liability claim.

  • Manufacture defectConstruction sites and many other workplaces use countless amounts of equipment from tools and machinery to forklifts and cranes. When equipment is not properly manufactured, it can malfunction and harm the person using it or other people in the area. In these types of cases, the manufacturer may be held accountable for the injury.
  • Failure to provide proper safety In some situations, an employee may work for another employer in joint employment matters. If that is the case, and the other employer does not provide proper safety equipment or gear, they may be held liable for the accident.
  • Premises liability If you are contracted to work on someone else’s property and the grounds has dangers, accidents can occur. An injury sustained on someone else’s property as a result of a known danger may serve as enough to file a third-party liability claim.

In third-party liability claims, you may be able to take legal action in addition to filing for workers’ compensation benefits. This can help you reach the maximum amount of compensation depending on the circumstances that led to your injury.

If you are a worker in New York City and sustain a workplace injury, it is important to understand your rights. When you call our firm, you can speak with our New York City workers' compensation attorneys about your case in a free consultation. This allows you to learn more about your legal matter, understand your rights, and discover your options without financial obligations. Call today. We’re ready to help you.

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