Third-Party Worker’s Compensation
Serving Brooklyn,
Staten Island & New York City

Overview
Under New York workers compensation law, an injured worker usually cannot sue their employer directly for an on-the-job injury, even if the employer was negligent. But that does not mean workers compensation benefits are the only source of recovery. In many workplace injury cases, a negligent third party may also be legally responsible, giving the injured worker a second avenue to pursue meaningful compensation.

Third-party liability claims can be especially important when a worker suffers catastrophic injuries and workers compensation alone is not enough to fully address the damage done. Unlike workers compensation benefits, which are limited by statute, a third-party personal injury claim is based on the full value of the losses caused by negligence. That can include damages for medical expenses, lost wages, future earning capacity, pain and suffering, disability, and wrongful death where applicable.

Third-party negligence may involve a property owner or job-site owner, a negligent contractor or subcontractor, the owner of a ladder or scaffold that collapsed, the designer or manufacturer of a defective tool or machine, or a negligent forklift, crane, or truck operator. These cases often arise from worksite accidents involving traumatic brain injuries, paralysis, electrocution, amputations, blindness, and other severe injuries. Our firm investigates incident reports, witness statements, safety records, maintenance records, inspection logs, photographs, and expert review to identify every liable party and pursue every available avenue of compensation.

We help injured workers throughout Brooklyn, Staten Island, Long Island, Westchester, and New York City pursue workers compensation benefits while also evaluating whether a third-party personal injury claim should be filed. We handle recoverable claims on a contingency fee basis, so you pay no legal fee unless we recover compensation for you.

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Frequently Asked Questions

What is a third-party workers compensation claim?

A third-party claim is a personal injury claim against someone other than your employer whose negligence caused or contributed to your workplace injury.

Why would a third-party claim matter if I already have workers compensation?

Workers compensation benefits are limited by law, while a third-party claim may allow recovery for the full value of losses, including pain and suffering and future damages.

Who can be a liable third party in a workplace accident?

Possible liable third parties include property owners, contractors, subcontractors, equipment manufacturers, scaffold owners, and negligent truck, forklift, or crane operators.

What evidence matters in a third-party work injury case?

Important evidence may include incident reports, photographs, safety records, inspection logs, maintenance records, witness statements, contracts, and expert review.

Can I receive workers compensation and still sue a third party?

Yes. In many cases, an injured worker can receive workers compensation benefits while also pursuing a separate third-party personal injury claim.

What damages can be recovered in a third-party workplace injury case?

Depending on the facts, you may be able to recover medical expenses, lost wages, future earning capacity, pain and suffering, disability, and wrongful death damages.

How much does it cost to hire your firm for a third-party workplace injury claim?

We handle recoverable third-party claims on a contingency fee basis, which means you do not pay legal fees unless we recover compensation for you.