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Third-party lawsuits and workers’ comp

On Behalf of | Feb 2, 2021 | Third Party Claims, Workers' Compensation |

If you are ever unfortunately injured on the job, you will likely be offered workers’ compensation. This is insurance carried by most New York employers, which pays a part of your wages while you recover. However, when employees accept workers’ compensation from their employer, they also agree not to file any lawsuits against them. But what if there was another party involved in the accident? This is called a third-party who is not connected to your employer, and thus you can file a lawsuit against them.

Establishing grounds to file a lawsuit

When injured employees who have workers’ compensation seek medical services, they are not asked to prove the employer’s fault. Although this is a much easier process to go through, it can leave you with only a small amount of money to use towards those medical expenses. That is why so many will file a lawsuit against a third-party. However, this is much more difficult as you need to establish grounds for filing a lawsuit. Here are a few of the things that you must include in your lawsuit:

  • That you suffered injuries.
  • That it prevents you from working.
  • That the third-party owed you a duty of care.

Types of third-party accidents

Third parties can appear as many entities, especially if you look into all the industries in the country. Those who drive for a living (mailman, trucker, bus driver, etc.) are amongst the most common types of employee to be involved in an accident with a third party. Construction workers are another area where employees are also likely to be injured by a third party. For example, a homeowner may create a dangerous situation for the workers within the property, causing employees to be hurt due to their negligence.

As you can see from the information above, third-party incidents are not uncommon. To seek and obtain the compensation you deserve from them, it is important to consult with an attorney. An attorney experienced in these types of work-related accidents may help you speed up the process and get you the compensation you need to live.