Bronx Third-Party Liability Claims
Legal Help for Injured Workers Seeking Compensation Beyond Workers’ Compensation
When a workplace accident occurs, most injured employees rely on workers’ compensation to cover their medical expenses and lost wages. However, in some cases, a third-party liability claim may allow an injured worker to recover compensation beyond what workers’ compensation insurance provides. If someone other than an employer—such as a property owner, contractor, or equipment manufacturer—was responsible for the work-related injury, the injured worker may be able to file a third-party claim.
At Greenstein & Pittari, LLP, our experienced attorneys understand the complexities of third-party liability and help injured workers in the Bronx pursue the maximum compensation available. If you or a loved one has suffered workplace injuries due to a negligent third party, we can help you explore your legal options.
What Is a Third-Party Liability Claim?
A third-party liability claim is a legal action against a party other than the employer who caused or contributed to a workplace accident. Unlike workers’ compensation claims, which provide benefits regardless of fault, third-party claims require the injured worker to prove negligence. These claims can provide additional compensation for damages not covered by workers’ compensation, such as pain and suffering, future medical expenses, and full lost wages.
Who Can Be Held Liable in a Third-Party Claim?
A third party may be held liable if their negligence contributed to an accident. Potential at-fault parties in workplace injury cases include:
- Property owners who fail to maintain safe premises
- General contractors or subcontractors who do not enforce safety regulations
- Equipment manufacturers responsible for defective machinery or tools
- Drivers who cause motor vehicle accidents on construction sites or during work-related travel
If you believe a third party was responsible for your injuries, it is important to consult with a law firm that handles complex cases involving third-party liability.
Common Workplace Injuries in Third-Party Claims
Workplace injuries can have long-lasting consequences. In many cases, workers’ compensation benefits are not enough to cover the full extent of an injured worker’s losses. Common injuries in third-party liability claims include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and fractures
- Severe burns
- Internal organ damage
- Wrongful death cases
If you or a loved one has been injured due to a negligent third party, filing a third-party lawsuit may be the best way to recover damages beyond workers’ compensation.
The Difference Between Workers’ Compensation and Third-Party Claims
Workers’ compensation provides medical treatment and wage replacement for injured employees, but it does not cover pain and suffering. A third-party claim allows an injured worker to seek compensation from an at-fault party whose negligence contributed to the accident.
Key differences include:
- Workers’ compensation covers medical bills and lost wages but does not require proof of fault
- A third-party liability claim requires proving negligence but allows for additional compensation
- If an insurance company refuses to offer a fair settlement, a personal injury lawsuit may be necessary to recover full compensation
If you were injured due to a third party’s negligence, you may be able to file a third-party claim while still receiving workers’ compensation benefits. An experienced attorney can help you navigate these legal matters and maximize your recovery.
How to Prove Negligence in a Third-Party Claim
To succeed in a third-party liability case, you must prove that the at-fault party’s negligence directly caused your injury. This typically involves demonstrating:
- The third party had a duty to ensure safety
- They breached that duty through negligence or recklessness
- Their actions caused the workplace accident
- You suffered injuries and damages as a result
Proving negligence can be challenging, which is why working with a law firm experienced in third-party liability cases is crucial.
Seeking Compensation for Your Injuries
Through a third-party claim, you may be entitled to recover compensation for:
- Medical expenses, including hospital bills and rehabilitation costs
- Future medical expenses for ongoing care
- Lost wages and reduced earning capacity
- Pain and suffering
- Household services if you are unable to perform daily tasks
If a third party was responsible for your injuries, you have the right to seek compensation beyond what workers’ compensation provides. Our personal injury attorneys can help you determine the best path forward.
Why Choose Greenstein & Pittari, LLP?
Our law firm has extensive experience handling third-party liability claims in the Bronx and throughout New York. We work tirelessly to hold at-fault parties accountable and ensure injured workers receive the compensation they deserve. Whether your claim involves construction accidents, workplace injuries, or other job-related incidents, we have the skills and resources to handle your case.
Contact Us for a Free Consultation
Learn more about Bronx third-party liability claims. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs: Third-Party Liability Claims in the Bronx
1. Can I file a third-party claim while receiving workers’ compensation benefits?
Yes, you can pursue a third-party liability claim in addition to your workers’ compensation claim. Workers’ compensation benefits cover medical treatment and lost wages, but a third-party lawsuit can help recover additional damages, such as pain and suffering.
2. What should I do if I am injured on the job due to a third party’s negligence?
If you suffer a work-related injury caused by a third party, seek medical treatment immediately, report the incident to your employer, document the accident scene, and contact a lawyer to discuss your legal options.
3. How long do I have to file a third-party claim in New York?
The statute of limitations for filing a third-party liability claim in New York varies depending on the case. It is important to consult an attorney as soon as possible to avoid missing deadlines.
4. What if the insurance company refuses to pay my third-party claim?
If an insurance company refuses to offer a fair settlement, you may need to file a personal injury lawsuit to recover full compensation. An attorney can negotiate on your behalf and take legal action if necessary.
5. Can I file a third-party lawsuit if my loved one died in a workplace accident?
Yes, if a third party’s negligence caused a wrongful death, surviving family members may be eligible to file a claim for compensation. This can cover funeral expenses, lost income, and other damages.