When you’re injured on the job in New York, your first source of compensation usually comes from workers’ compensation benefits. These benefits cover your medical expenses and a portion of your lost wages, regardless of who caused the accident. However, workers’ compensation has one major limitation — it does not pay for pain and suffering or other non-economic damages.
That’s where a third-party personal injury lawsuit can make a big difference. If someone other than your employer contributed to your injury, such as a subcontractor, equipment manufacturer, or property owner, you may be able to bring a separate legal claim against that person or company. This type of claim can provide additional compensation beyond what workers’ compensation offers.
Understanding Third-Party Claims
A third-party claim is a personal injury lawsuit filed against an individual or entity that is not your employer or a co-worker but still bears responsibility for your injury. In many workplace accidents, multiple parties are involved at the job site — contractors, property owners, vendors, or product manufacturers. If their negligence played a role in your accident, you may have the right to seek damages from them directly. For example:
- A subcontractor on a construction site fails to follow safety protocols, causing debris to fall and injure you.
- A property owner neglects to repair a hazardous condition, leading to a slip-and-fall accident.
- A manufacturer produces defective equipment or tools that malfunction and cause injury.
In any of these situations, workers’ compensation benefits would still cover your immediate medical costs and partial wage loss. But a third-party lawsuit could help you recover much more, including compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
The Difference Between Workers’ Compensation and Third-Party Lawsuits
The key difference between these two types of claims lies in fault and damages.
- Workers’ Compensation is a no-fault system. You don’t need to prove anyone did anything wrong to receive benefits, but your recovery is limited to specific economic losses.
- A third-party lawsuit, on the other hand, requires you to prove that another person or company acted negligently or wrongfully, and that their actions directly caused your injury. The benefit of doing so is that the potential recovery is far broader.
Through a third-party lawsuit, you may be able to recover compensation for:
- Pain and suffering
- Full lost wages, not just the portion covered by workers’ compensation
- Future medical expenses and rehabilitation
- Permanent disability or disfigurement
- Loss of consortium (impact on your relationship with your spouse or family)
How the Two Claims Work Together
Many injured workers are surprised to learn they can pursue both a workers’ compensation claim and a third-party lawsuit at the same time. These two claims serve different purposes and often proceed in parallel.
Workers’ compensation ensures that your immediate medical care and wage replacement are covered without delay. Meanwhile, your third-party lawsuit seeks to hold negligent outsiders accountable and obtain full financial recovery.
However, it’s important to note that if you do win a third-party case, the workers’ compensation insurer may be entitled to reimbursement for some of the benefits it paid. This process, known as a “workers’ comp lien,” can be complex, which is why working with an experienced attorney is crucial. A skilled lawyer can help maximize your total recovery while navigating any reimbursement or offset issues.
Why Legal Guidance Matters
Third-party injury claims can be challenging to prove. You’ll need to show that someone other than your employer owed you a duty of care, that they breached that duty, and that their actions directly caused your injury. This often requires gathering evidence such as:
- Accident reports and witness statements
- Photos or video footage from the scene
- Expert testimony regarding safety standards or product defects
An experienced personal injury attorney who understands New York’s workers’ compensation and liability laws can help identify potential third-party defendants, build your case, and ensure that all filing deadlines are met.
Get the Compensation You Deserve
If you were hurt on the job because of someone else’s negligence, workers’ compensation alone may not be enough to cover your losses. A third-party personal injury lawsuit can help you recover the full compensation you deserve, including payment for your pain, suffering, and long-term impact on your life.
Before you settle for less, speak with a knowledgeable attorney who can evaluate your case, explain your legal options, and fight to protect your rights. You only have one chance to recover fair compensation — make sure you explore every path available to you.