New York Third-Party Workplace Injury Claims Attorney in 

Experienced representation when personal injury lawsuits are allowed

Workers’ compensation covers employees who suffer on-the-job injuries, but certain circumstances allow the victim to sue for additional payment in a personal injury lawsuit. When workplace accidents happen due to negligence by someone other than the victim’s employer or a co-worker, they can seek relief through a third-party negligence claim. These actions enable plaintiffs to pursue compensation for pain and suffering, as well as lost earnings not replaced through workers’ comp. Peter M. Cordovano, P.C. in Highland provides determined advocacy for injured workers throughout New York. I can investigate your circumstances to determine whether a third-party negligence claim is an option for you.

What Is a third-party workplace injury claim?

A third-party workplace injury claim is a legal action a worker takes against an individual or entity, other than their employer or co-worker, who caused their injury. In New York, workers' compensation prevents workers from suing their employers or co-workers in most situations, even if their negligence contributed to the incident. However, if an unrelated party — such as a contractor or equipment manufacturer — is responsible for what happened, the injured worker may file a lawsuit for damages against that party.

Common examples of third-party liability in workplace injuries

Third-party liability can arise whenever someone outside of the business you work for is responsible for your job-related injuries. Common examples of situations where this occurs include the following:

• Defective products or equipment — The manufacturer or distributor of defective equipment can be held liable for accidents caused by the defect.
• Vehicle accidents — If you are injured in a car crash while performing work duties, you can bring a claim against the at-fault driver.
• Subcontractor or contractor negligence — In industries such as construction, subcontractors or independent contractors might cause accidents that injure someone else’s employee. Since there is no employer-employee or co-worker relationship, the injured individual can sue. 
• Property owner or vendor negligence — Accidents resulting from unsafe conditions on a property or created by an outside vendor (such as a janitorial service) could provide the basis for a third-party claim.

I conduct a thorough investigation to determine who is responsible for your injury and advise whether you can sue for damages in addition to filing a workers’ compensation claim.

Proving negligence in a third-party claim

Third-party claims rely on proof of negligence. This requires the injured worker to prove these four elements by a preponderance of the evidence:

• Duty of care — The third party must have had a duty to act with care toward the worker. 
• Breach of duty — The third party must have breached that duty by behaving carelessly, recklessly or deliberately to harm someone.
• Causation — The injured worker must show a direct causal relationship between the third party's actions and the injury.
• Damages — The worker must show that the injury produced actual damages, such as medical bills, lost wages or pain and suffering.

In these types of cases, evidence such as accident reports, eyewitness accounts and expert testimony can be crucial.

Potential compensation in a third-party claim

Unlike workers' compensation, which only covers medical bills, lost wages and a portion of the worker's earnings, a third-party claim allows the injured worker to pursue additional forms of compensation. Potential damages include:

• Lost wages —Income lost due to the injury beyond what is provided by workers’ comp, including future earning potential if the worker is unable to return to their previous role.
• Pain and suffering — Compensation for physical pain and mental suffering resulting from the injury. 
• Punitive damages — In cases of gross negligence or intentional harm, a court can award damages to punish the wrongdoer and deter similar actions in the future.

An experienced injury attorney can maximize your chances of securing full, fair compensation for your workplace injury. 

Contact a New York attorney for a free consultation about your workplace accident case

Peter M. Cordovano, P.C. in Highland represents workers throughout New York State who have sustained on-the-job injuries due to third-party negligence. To schedule a free consultation, call 845-640-3846 or contact me online.