Skilled New York Attorneys For Workers’ Compensation And Third-Party Injury Claims
If you suffer an injury on the job, workers’ compensation is not always your only path to financial recovery. Many workplace accidents involve a third party that contributed to your harm. A third-party injury claim is a legal action brought against an individual or entity other than your employer who is responsible for a workplace injury.
Klee Woolf Goldman & Filpi, LLP, has helped injured workers with third-party claims since 2000. Based in Mineola, we offer personalized service to injured workers across the tri-state area. Our mission is to help you obtain the benefits you need to support your family and your future. To do this, we explore all options available to you for compensation, including third-party personal injury claims.
Understanding Third-Party Liability And Workplace Injuries
Third-party liability claims target individuals or companies, not including your employer, that had a duty of care to keep you safe. The difference between workers’ compensation claims and third-party liability claims can seem complex. These are the basic facts:
- Workers’ compensation claims: Workers’ compensation claims do not involve fault. You do not have to show that your employer did something wrong to get benefits. Workers’ compensation pays for medical expenses and a percentage of lost wages. It does not pay for your emotional distress.
- Third-party injury claims: Third-party injury claims require proof of fault. You must show that the third party had responsibility for the accident. Third-party claims allow you to pursue additional damages such as money for your physical pain and mental anguish.
The process for a third-party claim follows a specific path through the civil court system. A workers’ compensation attorney can help you identify if your situation fits the criteria for filing a third-party personal injury lawsuit.
Examples Of Common Third-Party Liability Claims
Many different situations lead to these secondary claims, including:
- Construction site accidents involving subcontractors who create tripping hazards.
- Scaffolding falls caused by improper installation by an outside vendor.
- Commercial vehicle accidents where negligent drivers harm workers.
- Machinery failure due to poor maintenance by a repair company.
- Toxic exposure resulting from chemicals manufactured without proper warnings.
- Manufacturers producing dangerous products involving product liability for work injuries.
- Construction site liability involving property owners who fail to secure the premises.
These incidents often involve equipment manufacturers or utility companies. We examine every detail of your accident to ensure no responsible party escapes their obligation to you.
Can You Pursue A Third-Party Claim While Receiving Workers’ Comp Benefits?
You can absolutely file a third-party claim while you receive workers’ compensation benefits. You do not have to choose one or the other. These two cases run parallel to each other. However, be aware of subrogation liens. If you win a settlement from a third party, the workers’ compensation insurance carrier may ask for reimbursement for the money they paid you.
What Damages Can You Recover In Third-Party Suits?
Examples of the potential personal injury damages for employees in third-party claims include:
- Medical bills
- Lost wages
- Future earning capacity
- Pain and suffering
- Modifications to your home or vehicle
- Disfigurement
- Loss of consortium, in wrongful death cases
Our workers’ compensation attorneys can give you a more accurate idea of how to calculate these long-term costs. We fight to get an award or settlement that reflects the true impact the injury had on your life.
Why Choose Us For Your Personal Injury Case?
We offer personal service and creative solutions for every client. Our team provides timely communications so you never feel left alone during your recovery. Eight of our attorneys have earned selection to Super Lawyers lists. With 17 languages spoken in our office, we bridge the gap for many New York families. We use creative solutions to overcome the tactics of large insurance companies. We provide a dedicated approach to every work injury and SSI claim. With us, you get more than just legal advice; you get a partnership.
Get A Free Consultation With A Mineola Workers’ Compensation Attorney
At Klee Woolf Goldman & Filpi, LLP, we are ready to fight for the benefits and damages you deserve after a workplace accident. Our team will evaluate your case and identify every possible source of recovery for a third-party injury claim. To schedule a completely free consultation, please call us at 516-294-5775, 718-229-9002, 518-487-4077 or send us an email. We take cases on a contingency fee basis. You pay nothing unless we recover money for you.
