Most people understand that you can file a workers’ compensation claim for an injury sustained at your office or worksite. But in some cases, you can also file a personal injury claim against a responsible third party.
When do third-party claims apply?
If your incident was caused directly or indirectly by a third party (i.e., not your employer), you can file a workers’ compensation claim and also sue that specific party for damages. Some example scenarios include:
- A food delivery driver injured while on the job by an accident caused by another driver (the third party is the other driver)
- A construction accident caused by defective equipment (the manufacturer of the equipment is the third party)
- An office worker injured by a fall due to wet office floors that were not marked with a sign (the third party might be an external janitorial service)
What you need to prove to make the claim viable
Even if you think your injury was caused by a third party, you usually need to be able to prove the injury was the result of negligence or intention to collect damages. Manufacturing cases are a little different in this regard; sometimes just the proof of a production defect’s existence is enough.
What you should know about personal injury claims in New York
The statute of limitations for personal injury claims is three years from the date of the injury. You must file your claim within that time, or the court will likely dismiss your case without hearing it. It is also important to remember that New York considers shared fault when awarding damages, meaning that the third party you are suing could potentially say that you were partly at fault for the accident to reduce their liability. If this happens, the amount of damages you are eligible to receive may be reduced in proportion to the fault you are assigned.
Accidents happen. However, if someone is to blame for the harm you sustained, you have the right to receive compensation. Don’t wait. Seek help now.