Who is considered a third party in a work injury claim?

On Behalf of | Jan 3, 2022 | Workers' Compensation

New Yorkers are no stranger to the workers’ compensation system. Individuals who get hurt at work are entitled to file claims while healing. Sometimes, filing a third-party injury lawsuit may be necessary.

What is a third-party claim?

While workers’ compensation is in place at the workplace to cover employees who suffer on-the-job injuries or illness, a third-party claim is different. If someone gets injured as a result of the actions of a third party while he or she is working, the worker could file a third-party personal injury claim against that person.

Third-party liability means that if a third party’s negligence or recklessness causes a person to become injured, he or she could file a claim against that third party.

How does a third-party injury claim work?

When an individual becomes injured as a result of a third party’s actions, he or she can still file a workers’ compensation claim with his or her employer if the injuries occurred while he or she was working. However, by filing a claim against a third party, it is also possible to recover compensation. The third party could be a coworker, driver or business owner a worker visits for work-related purposes. It’s also possible to file a third-party injury claim against a manufacturer if product defects cause a work-related injury.

What damages are available in third-party claims?

Employees who suffer injuries that are the fault of a third party can recover both economic and non-economic damages from their third-party injury claim. You may be able to recover damages for:

  • Medical bills and ongoing expenses
  • Lost wages
  • Pain and suffering
  • Lost earning capacity
  • Loss of enjoyment of life
  • Personal and nursing care
  • Disability, disfigurement or impairment

If a third party caused your injuries while you were working, you should hold that person or entity accountable.