New York Workers' Comp Attorney
In handling workers' compensation claims, our firm's goal is to seek maximum benefits for our clients. At times, this includes seeking additional compensation from a third party, another individual or company that is responsible for causing the incident. This type of scenario may entitle our client not only to worker' compensation benefits but also to monetary damages from a personal injury lawsuit.
If you've been injured in a workplace accident, you can find out whether a third party may also be held accountable by contacting a New York workers' compensation lawyer at Napoli Shkolnik PLLC, We have a considerable amount of resources and experience to thoroughly investigate our clients' claims in order to determine whether another party may be to blame. You can get the process started by scheduling a free consultation with one of our professionals.
What is third party liability?
Work-related injuries are automatically covered by workers' compensation, regardless of who may have been at fault: another employee, your supervisor, a customer, yourself or even someone entirely unrelated to the company. In situations where someone who is not associated with your employer is to blame for your injuries, this is called third party liability. This situation may enable you to file a lawsuit against that party. Any settlement or jury award you recover in this lawsuit would be received in addition to medical care and cash benefits covered by workers' compensation.
Although there are some exceptions, there are three key scenarios where third party liability may apply to a workplace accident:
Work-Related Auto Accidents If you are driving for your job and are involved in an auto accident, the person that caused the accident may be held accountable (as long as that person does not work at the company where you are employed). You may be able to file a workers' compensation claim with the New York State Workers' Compensation Board as well as a personal injury lawsuit against the motorist.
Defective Products When a work accident is caused by a defective or dangerous product, the manufacturer of that product may be held liable. Manufacturers have an obligation to produce safe products that perform as promised and directed. They should contain accurate and complete warning labels and instructions for use. If a product has a design defect, manufacturing defect or incomplete warning label or instructions, and you are injured as a result, you may be able to file a product liability lawsuit against the manufacturer and file a workers' comp claim.
Other Third Party Liability There are many other scenarios where another person or company may be to blame for a work-related injury. This may include any person who is not associated with the worker's employer, such as a visitor to a worksite, a delivery person or a passerby. Determining exactly how to pursue legal action against that individual or company will be considered on a case by case basis.
Involve a Skilled NY Workers' Compensation Lawyer
You should never leave your workers' compensation claim to chance. Even if you suffered a legitimate work injury, there is a chance that your claim could be denied, delayed or underpaid. An attorney can properly handle every aspect of your claim to seek the medical care and cash benefits you need. In addition to this, a skilled workers' compensation lawyer can look over the circumstances of the incident to determine whether a third party may be held liable. To talk about your case, contact a New York workers' compensation lawyer today.