Understanding Third-Party Claims
Third-party claims provide you with another avenue to recover compensation for your medical expenses and other costs related to your injuries at work. The most important aspect is that third-party claims fall outside the typical employer-employee relationship. In a third-party claim, an injured worker pursues compensation from someone outside their workplace.
Third-party cases are common in construction, delivery, and subcontractor scenarios. In a third-party claim, you and your attorneys will seek to prove negligence—showing that the third party breached a “duty of care” in their responsibilities. This differs from workers’ compensation benefits, which is a no-fault system.
Workers’ compensation in New York pays for some of your medical bills and some of your lost wages regardless of who’s at fault, but it doesn’t cover damages for pain and suffering, emotional distress, or other more intangible losses.
Third-party claims allow you to collect for a broader set of damages and can provide you with additional flexibility in your medical care. In New York, the statute of limitations for a third-party claim is three years, compared to two years for a workers’ compensation case. Under the workers’ compensation system, you must also inform your employer of the injury within 30 days.
In New York, you can pursue workers’ compensation and third-party claims at the same time. However, doing so can get complicated legally. Our Buffalo third-party claims lawyers have extensive experience navigating these processes and can map out a clear legal strategy to get what you deserve.
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Common Scenarios for Third-Party Claims
Third-party claims recognize that workplace injuries, particularly in construction or industrial accidents, result from various factors. There may be a number of extra personnel on a job site at any given time, such as vendors or suppliers who aren’t under the direction of your primary employer. Other parties that may be liable for an injury include:
- Equipment manufacturers that may have produced defective tools or failed to warn users adequately of hazards
- Property owners, for allowing hazardous conditions to exist
- Subcontractors whose negligent actions may have caused the injury
- General contractors, for failing to maintain safety at the job site
- Vehicle drivers who commit negligent acts on the road
- Maintenance companies, for failing to keep a job site in proper order
- Vendors or suppliers, for providing defective materials
- Security companies, for negligence in protecting employees
Compensation Available Through Third-Party Claims
Under New York law, you can seek reimbursement for treatment for your injury and any future care you might require, including surgeries, medications, rehabilitation, and physical therapy. If you choose to see additional specialists, you might be able to seek compensation through a third-party claim but not a workers’ compensation claim.
Third-party lawsuits also allow you to pursue 100% wage replacement for missed work, compensation for the loss of future earnings, and lost benefits and promotions.
You can also seek pain and suffering damages for the following:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent disability and disfigurement
- Loss of consortium for your spouse
In severe cases where the third party demonstrated extreme negligence, it may be possible to pursue punitive damages as well.
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Proving Liability in Third-Party Claims
Even with the longer statute of limitations, you should not wait to consult with our lawyers at Hiller Comerford. The process of proving liability in third-party claims can be lengthy and complicated, requiring the following:
- Incident Investigation and Documentation: This includes collecting photographic and video evidence, witness identification, expert opinions, and environmental testing if needed.
- Liability Research: This is needed to determine who the responsible party or parties might be. It requires considering corporate structure, clarifying contractual relationships and insurance coverage, and gathering information about regulatory compliance and prior incident history.
- Expert Witnesses: Your case may require accident reconstruction specialists, medical causation experts, vocational rehabilitation consultants, or industrial safety experts who can provide important testimony for your claim.
How Hiller Comerford Injury & Disability Law Can Help
Our third-party claims lawyers in Buffalo, New York, have extensive experience in workers’ compensation and personal injury law, with a track record of identifying the potential for overlooked third-party claims. We’ll work hard on your behalf to investigate your case and maximize your recovery. Contact us today for a free case assessment.
FAQ: Buffalo Third-Party Claims Lawyer
Do I have to pay back workers’ compensation if I win a third-party settlement?
Yes. In New York, the workers’ compensation carrier may place a lien on your third-party settlement for benefits it already paid, like medical bills and lost wages. This lien is usually reduced based on the insurer’s share of legal costs. Our attorneys can negotiate to lower what must be repaid so you keep more of your recovery.
What is a “consent to settle” in a New York third-party case?
In some workers’ compensation cases, the insurer must approve a third-party settlement before it is finalized, known as a Section 29 consent. It protects the carrier’s right to reimbursement and helps avoid issues with ongoing benefits. Our personal injury attorneys at Hiller Comerford Injury & Disability Law handle this process to prevent delays or benefit disruptions.
Can I sue my employer or a coworker in a Buffalo third-party injury claim?
No. New York law generally prevents lawsuits against employers or coworkers for workplace injuries, making workers’ compensation the exclusive remedy against them. Third-party claims instead target outside companies or individuals whose negligence contributed to the accident. Our attorneys at Hiller Comerford Injury & Disability Law can identify those responsible third parties and aggressively pursue the compensation you deserve.
What is the deadline to file a third-party injury claim in Buffalo, New York?
In most Buffalo third-party personal injury cases, you generally have three years from the date of the accident to file a lawsuit, though certain claims may have shorter or different deadlines depending on who is involved. Because workers’ compensation deadlines and notice requirements are separate, it is important to act quickly to protect both claims. Our attorneys can evaluate your case early to ensure all deadlines are met.
