You May Be Able To Pursue A Third-Party Liability Claim
In most workers’ compensation cases, there are only two parties: the worker who is injured and his or her employer. It is important to realize that workers’ compensation is a “no-fault system.” This means that the cause of injury does not matter.
In contrast, personal injury claims require the demonstration of negligent action. What is called a “third-party” claim arises when a worker is injured due to a third party’s negligence while performing work-related duties.
A common example of a third-party claim arises when a driver is conducting work business when he or she collides with another vehicle due to the other driver’s negligence. In this case, he or she is entitled to workers’ compensation benefits. That said, he or she is also entitled to bring a personal injury claim against the other driver.
These types of incidents allow an injured worker to recover from pain, suffering and future economic damage loss.
However, these two systems interact in very complex ways. While compensation can be great, understanding their relationship is absolutely critical. It is not a stretch to say that failure to fully understand how they work can result in fewer benefits and financial devastation.
Our team has been working on these cases for decades, and we are ready to bring our experience to work on your case.
Third-Party Liability FAQ
Making sense of your options after a work injury can be confusing. Let’s walk through some common questions to give you a clearer picture of whether you may have a third-party liability claim. Please don’t hesitate to reach out to our team for guidance on your situation.
Can you sue a third party for workplace injuries in New Jersey?
Potentially, yes. If your workplace injury was caused by someone else’s negligence, you might have grounds to file a personal injury lawsuit against them. New Jersey law – specifically NJ Statutes Title 34, Section 34:15-40 – allows injured workers to seek additional compensation from responsible third parties.
What are the most common types of third-party claims?
Third-party claims often arise from scenarios such as:
- Vehicle accidents, such as car and truck accidents that happen on the job
- Product liability claims for defective tools, equipment or other products that caused your injury
- Claims against contractors or subcontractors in construction work
- Injuries you sustained due to dangerous property conditions at a business or private residence while you were performing job duties.
These are just a few examples; many other situations may give rise to a third-party injury claim.
Does a third-party claim affect how much work comp you get?
Yes. If you receive compensation from a third-party claim, your employer or their insurance company may receive a “credit” or reimbursement from that recovery. There are complex guidelines for how these credits work.
However, pursuing a third-party claim is often still worth it. The total payout from both claims can be larger than workers’ comp alone. You can pursue damages (compensation) in a personal injury claim that workers’ comp won’t cover – for example, pain and suffering. Because our firm handles personal injury cases on a contingency fee basis, you won’t face any financial risk in pursuing a third-party injury claim.
Contact Our New Jersey Third-Party Claim Attorneys
Lawyers at our firm have dedicated themselves to the rights of injured workers since 1936. We practice personal injury as well as workers’ compensation, ensuring we are prepared to do everything possible to obtain all compensation or benefits to which you are entitled.
To schedule a free initial consultation to discuss workplace injuries with one of our Bergen County third-party liability attorneys, call 551-587-8915 or contact us via email.