The short answer is yes; you can sue a third party in New York after being injured at work. However, some employees may not want to take on the extra concern because they trust that workers’ compensation will take care of them. Unfortunately, that is a common misconception. The fact is that workers’ comp will only provide a portion of a person’s wages and medical needs. That is why it is so important to file a lawsuit against a third party if they were at fault for the accident. The following includes further information that you should keep in mind before filing a lawsuit.
Proving your case
One of the best things about workers’ compensation is that you don’t have to prove that your employer holds any fault for you to receive the benefits. However, signing your name to accept the benefits also means that you agree not to file any future lawsuits against your employer regarding the injury. This can leave people with only a small portion of the funds needed to pay for their medical bills. That is why personal injury attorneys may recommend filing a lawsuit against any third party involved. However, you must first prove the following:
- You were working at the time.
- The third party owed and failed to provide you a duty of care.
- The injuries you sustained were work-related.
What types of third parties cause injuries?
No matter the industry you work in, the fact is that you’re likely to be collaborating with a third party, even if you do not know it. For example, those injured on the job due to a machine malfunctioning may be able to file a lawsuit against the manufacture of the machine. Another example involves working within a client’s home. If the homeowner is negligent with certain safety issues like exposed electric wires, icy steps or hazardous obstacles around their property and you end up getting hurt as a result, you may file a lawsuit against them.
If you have been injured on the job and it involved a third party, it is important to seek an attorney’s services. Doing so may help you stay one step ahead and receive the compensation you deserve.