A workplace injury can result in lasting physical, emotional, and financial consequences. Workers’ compensation provides medical care and wage replacement benefits, but in some cases it’s not enough to secure a stable financial future.
At Nappa, Monterosso & Poznansky, LLP, our workplace injury lawyers in Staten Island help workers in the greater NYC area understand their rights and options. If you’ve been hurt on the job and your injury was caused by someone else’s negligence, you may be entitled to recover damages in a third-party liability claim.
Key Takeaways
- You can’t sue your employer in New York, but if another party such as a subcontractor caused your injury, you may have a valid third-party claim.
- Third-party claims allow you to sue at-fault parties for pain, suffering, lost earning capacity and other damages workers’ compensation benefits don’t cover.
- It’s vital to seek medical attention, document the scene, notify your employer, and contact a lawyer as soon as possible after a workplace injury.
- Our Staten Island workers’ compensation law firm has proven experience helping clients maximize their recovery in third-party workplace liability claims in New York.
Understanding Workers’ Compensation vs. Third-Party Claims
When you sustain an injury on the job, workers’ compensation provides essential benefits like medical treatment, a portion of lost wages, and rehabilitation costs, regardless of who was at fault. It does not provide compensation for damages such pain and suffering, emotional distress, or the full value of future lost earnings. In New York, you’re typically prohibited from suing your employer after a workplace accident. However, if someone else was responsible for your injuries, you may be able to bring a personal injury claim against them.
What Is Third-Party Liability?
A third-party liability claim allows you to recover additional damages from negligent parties when you’re hurt at work. For example, thousands of workers who suffer from occupational lung diseases due to asbestos exposure have successfully sued companies who manufactured and sold these harmful products.
Some common parties that may be liable in a third-party claim in New York include:
- Subcontractors on construction sites
- Property owners
- Manufacturers of defective tools, equipment, or toxic substances
- Other motorists, if you were involved in a car accident while driving for work
If you believe another party’s negligence led to your injury. our experienced Staten Island workers’ compensation attorneys can evaluate your case, determine whether you have a viable claim, and advise you on the best way to move forward.
Why These Cases Matter: Going Beyond Workers’ Compensation
Pursuing a third-party claim in New York allows you to seek a much wider range of damages than the medical benefits and partial wage replacement workers’ compensation offers. This additional compensation can provide peace of mind and financial stability for your family, especially if you’ve suffered a catastrophic injury.
What Kind of Damages Can I Receive in a Third-Party Claim?
A successful third-party workplace claim can secure compensation for damages such as:
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
- Loss of enjoyment of life
- Wrongful death
- Other damages specific to your case
Your attorney can ensure your claim is accurately valued and help you pursue damages that cover the full scope of your injuries and losses.
Maximizing Your Third-Party Claim in Staten Island
Although you can file a workers’ compensation claim and a third-party claim at the same time, seeking legal counsel is vital to maximize your total recovery.
How Will My Workers’ Compensation Case Affect My Third-Party Liability Claim?
In most cases, if you receive a personal injury settlement or verdict in your third-party claim, you are required to reimburse the workers’ compensation insurance carrier for the benefits they have already paid out. This requirement is in place to prevent “double dipping” for the same losses.
Challenges and Roadblocks
The biggest challenge in these claims is managing the workers’ compensation lien and settlement negotiations to ensure you walk away with the most money possible. Without skilled legal representation, you may prematurely settle your third-party claim without accounting for the workers’ compensation lien. This grave error can drastically reduce your net recovery.
Your workplace injury lawyer may be able to negotiate a “global settlement,” in which the workers’ compensation insurer agrees to reduce its lien in exchange for closing out both cases simultaneously. This can result in a much more favorable outcome for your case.
What Should I Do After a Workplace Injury?
It’s important to take the following steps to protect your rights after an injury on the job:
- Notify your supervisor or employer of your injury as soon as possible. Under New York workers’ compensation law, you have 30 days to inform your employer in writing.
- Take photos or video of the scene and your injuries.
- Gather statements and contact information from any witnesses.
- Seek immediate medical care and follow all physician instructions.
- Do not give recorded statements, sign anything, or accept a settlement without talking to an attorney first.
- Contact an experienced workplace injury lawyer in the greater NYC area.
Why Choose Our Workplace Injury Attorney in Staten Island?
When you’re hurt at work, you need a trusted legal advocate to help protect your health and your family’s financial stability. As the largest workers’ compensation law firm in Staten Island, Nappa, Monterosso & Poznansky, LLP, provides workers in the greater New York City compassionate, highly effective representation when they need it most.
When you hire us, you get:
- Local focus and experience—As native Staten Islanders, we care about our communities. Our lawyers focus strictly on workplace injuries and Social Security Disability claims. We have a deep understanding of the challenges workers face in the greater NYC area. Our longstanding professional relationships with local courts, the NY Workers’ Compensation Board, and the Social Security Administration give our clients a significant advantage.
- Direct, client-centered support—We provide personalized, responsive legal support you can rely on. To better serve our diverse communities, multilingual Partner and attorney Rolando Cubela offers direct counsel to our Spanish-speaking clients.
- Affordable legal representation—We offer free case evaluations and we don’t get paid unless we successfully recover a settlement or benefits for you
Contact Us to Learn More About Third-Party Workplace Injury Claims in New York
At Nappa, Monterosso & Poznansky, LLP, our team provides the tenacious, compassionate legal support you need to heal and move forward after being hurt on the job. Contact us or call 718-273-9000 today to schedule a free consultation with a workplace injury attorney near you in the greater New York City area.
