If you or a loved one suffer an injury at work, your first thought is probably to file a workers’ compensation claim. This is completely reasonable given that workers’ compensation laws cover most employees in New York, and after an injury at work, you should receive medical and wage benefits. However, many work-related accidents are more complicated than a single workers’ comp claim. If you were injured at work you may have a third-party liability claim. Through this option, a Bronx work injury lawyer can help you recover additional compensation.
To learn more about third-party liability lawsuits after workplace accidents, contact a Bronx personal injury lawyer from Hecht, Kleeger & Damashek, P.C. If you have a third-party claim, it is important not to pass it up. A workers’ comp claim will not provide all of the financial support you need or deserve.
As a worker in the Bronx, you face all types of incidents and injuries. Our third-party liability lawyers in the Bronx routinely handle claims involving:
We have worked with employees in the Bronx suffering from all manner of injuries, including:
If these injuries took place while you were working, they might be covered by a workers’ compensation claim. However, the legal analysis of your situation should not stop there. A Bronx work injury lawyer should thoroughly investigate the cause of the workplace accident and your injuries. If the at-fault party is a person or business separate from your employer, then you also have a third-party liability claim.
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When you are suffering from a work-related injury, or you lost a relative in a workplace accident, it is important to distinguish between your possible workers’ compensation benefits and a third-party liability claim.
A workers’ compensation claim is an insurance claim — not a lawsuit. If you are covered by workers’ comp insurance and are injured because of your job, you are entitled to benefits. The counterbalance to this right is that you are typically not allowed to sue your employer.
You file a workers’ comp claim, and your employer’s insurance provider covers your medical expenses. You also may receive a portion of your wages based on temporary or permanent partial disability or temporary or permanent total disability. The medical coverage and wage benefits may be paid out over time or through a lump sum workers’ compensation settlement.
Third-party liability is different. It arises when someone other than a co-worker, supervisor, or another employee with your company is responsible for your injuries. When someone from outside of your work caused you harm due to their negligence, recklessness, or malicious conduct, then you can file a lawsuit against that third party.
Through a third-party liability lawsuit, you can pursue compensation for several injuries that are not covered by workers’ comp. When we handle third-party claims, we strive to obtain the maximum compensation possible for your:
Before you can determine whether you have a third-party liability claim in addition to workers’ compensation, you need to understand who qualifies as a third party.
If the same business employs the individual responsible for your work-related accident and injuries as you, then that individual is not a third party.
An individual or business that is entirely separate from your employer is a third party. This can include, but is not limited to:
The best way to determine if you have a valid third-party liability claim is to talk with a Bronx work injury lawyer. Our experienced work injury lawyers at Hecht, Kleeger & Damashek, P.C. are here to investigate the workplace accident, identify the at-fault party, and analyze the validity of a third-party claim. If someone from outside of your employer is responsible for your injuries, we are here to fight for you to receive full and fair compensation.
After being injured at work, you should speak with an attorney as soon as possible. There are legal time limits on how long you have to pursue workers’ compensation benefits and to file a third-party liability claim. To protect your claim to workers’ comp benefits, you need to inform your employer within 30 days of the injury or diagnosis and start your claim as soon as possible.
If you wish to file a lawsuit against a third party, the New York personal injury statute of limitations is typically three years from the date you are injured. Furthermore, in cases against municipalities and New York State, the statute of limitations is much shorter.
There is also a requirement that prior to filing a lawsuit, a Notice of Claim be filed within 90 days of the accident. A wrongful death claim must be brought within one year and 90 days. Like with a workers’ comp claim, it is better to be proactive and move forward with your third-party liability lawsuit as soon as you can.
After suffering an injury while on the job, it is important to gather accurate information about your rights and legal options. Only by being fully informed can you make the best decision for you and your family, and in most cases, obtain the maximum compensation for your injuries.
Hecht, Kleeger & Damashek, P.C. is dedicated to ensuring workers know their rights and options under New York laws, including the right to file a third-party liability claim.
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