Understanding Workers’ Right to Sue Third Parties for Causing Injuries

In New York, workers’ compensation is typically the exclusive legal remedy for employees who suffer injuries while on the job. This is a no-fault insurance system, designed to provide fast reimbursement for medical expenses and partial replacement of lost wages, without the need for litigation. However, workers’ comp does not cover the full losses an injured worker might endure, such as pain and suffering. 

If a worker’s injury was caused in whole or in part by someone other than the employer or a co-worker, the worker might have the right to pursue a third-party lawsuit, which can provide a broader range of damages. This is particularly relevant in environments where the activities of various persons and entities intermingle. Third-party claims can cover a range of situations, such as the following;

• Defective equipment — If a worker is injured due to a malfunctioning machine or tool, and this malfunction is due to a design or manufacturing flaw, liability may extend to the manufacturer, distributor or retailer of the defective equipment. Anyone involved in the chain of distribution of the faulty equipment could potentially be held responsible in a product liability suit.
• Negligence by property owners — If a worker’s job requires them to operate on premises not owned by their employer, and they are injured due to unsafe conditions on the property, the property owner might be liable. This can apply to various situations, from construction workers injured on a client’s property to delivery personnel hurt due to poorly maintained access ways.
• Subcontractor negligence — Construction sites often have multiple contractors and subcontractors working simultaneously, creating potential hazards that might affect workers not fall under the purview of a direct employer. If an employee from one company is injured due to the negligent actions of an employee from another company, the injured worker may have a claim against the other party and their employer. 
• Motor vehicle negligence — If a worker is injured in a vehicle accident while performing job-related duties, the worker may pursue a claim against another driver who is at fault. This is applicable even if the worker is receiving workers’ compensation benefits from their employer, since the other driver’s negligence is a separate liability issue.

A third-party lawsuit can potentially recover the full value of all losses suffered due to an accident, including total lost wages and compensation for pain and suffering.

An experienced personal injury attorney can help ensure that injured workers secure the comprehensive compensation they need to recover and rebuild their lives. Immediate legal consultation following an injury is required to prompt a full investigation of the causes of the accident, identification of potentially responsible parties and gathering and preservation of vital evidence supporting a claim.

If you suffer injuries on a construction site or any other worksite on Long Island, the attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY can help you pursue the full compensation you deserve. We operate on a contingency fee basis. To discuss your legal issues and learn how we can help you, contact us online or call us at 631-360-0400.