Long Island Worker Compensation for Third Party Claims

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Workers' Compensation Lawyer and Third-Party Claims: Seeking Compensation for Work-Related Injuries

Workers’ compensation offers crucial benefits such as wage replacement and medical coverage to injured workers. However, there are limitations on the damages that can be obtained. If your work-related injury in Long Island was caused by someone other than your employer, you may have another legal option to pursue compensation. Alongside your workers’ compensation claim, you can file a third-party claim, also known as a personal injury claim or third-party liability claim.


Filing a Third-Party Claim

Unlike workers’ compensation, fault plays a role in a personal injury lawsuit. To receive workers’ compensation benefits, you are unable to sue your employer. However, with a personal injury claim, you must prove that a third party was negligent and that their negligence caused your injury.


Your workers’ compensation lawyer will gather evidence to establish the elements of your claim. It is possible to file both a workers’ compensation claim and a third-party personal injury claim concurrently.


For a complimentary legal consultation with a knowledgeable third-party claims lawyer in Long Island, dial (212) 463-8888.

Workers’ Compensation vs. Personal Injury Settlements

There are distinct differences in the types and amounts of damages or benefits you can obtain with each type of claim:


Workers’ compensation settlements: These settlements have a cap on the benefits you can receive. Injured workers are entitled to income replacement (two-thirds of their average weekly pay prior to the injury, up to $525 per week), medical benefits, and vocational rehabilitation. While permanent partial disability benefits may be available, compensation for pain and suffering is not attainable through workers’ compensation claims.


Personal injury: A personal injury lawsuit allows you to recover full damages if you can prove fault on the part of the third party. Compensable damages include current and future lost wages, medical expenses, disfigurement, the impact of your injury on your well-being, pain and suffering, and other damages.

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Long Island Worker Compensation Practice Areas

Workers' Compensation Lawyer: Third-Party Claims for Workplace Injuries

When it comes to workplace injuries, third-party claims can provide additional avenues for seeking compensation. Examples of such claims include accidents involving transportation incidents, chemical exposure, and machinery/equipment malfunctions. These claims hold third parties accountable for their negligence that led to the workplace accident and resulting injuries.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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Discover if You Have Grounds for a Third-Party Claim

This list of potential third-party claims is not exhaustive, as there may be other scenarios where a third party’s negligence is responsible for a workplace injury. To determine if you have grounds for a third-party claim, it is crucial to complete a Free Case Evaluation form and consult with a qualified attorney.

Understanding Subrogation and Protecting Your Assets

If you have received workers’ compensation benefits or had your medical expenses covered, the workers’ compensation insurer may try to recover the funds they paid through a process called subrogation. However, an attorney can help prevent this by ensuring the insurer proves that you were fully compensated under New York State law. Given the complexity of such cases, it is advisable to speak with an attorney who can guide you through the process and safeguard your assets.

The Exclusive Remedy Doctrine and Apportioning Fault

The exclusive remedy doctrine is a fundamental aspect of workers’ compensation law, allowing injured workers to recover damages without proving employer fault. However, this doctrine also limits the amount of recovery to statutory provisions and prevents further legal action against the employer.


A potential challenge arises when the injured worker has a valid claim against a third party but also shares some responsibility with the employer. In such cases, comparative fault principles require juries to determine the degree of fault for each party and adjust damages accordingly. However, when an absent party has settled or enjoys legal immunity, New York State law mandates considering their fault, placing the burden on the plaintiff to defend another liable party. This legal situation may seem unfair, but it reflects the current state of the law.

Considering the Silver Lining and Seeking Legal Help

From a plaintiff’s perspective, this ruling may discourage an employer’s subrogation claim against certain tort recoveries due to reduced total recovery. However, it could also motivate more employers to intervene in lawsuits to protect their subrogation rights. It remains to be seen whether this assumption will hold true in practice and protect injured workers from the negative consequences of the ruling.


Frequently Asked Questions

Call for a Free Consultation Today

If you are ready to file a claim for damages, it’s essential to take action promptly. You have a three-year window from the injury date to file your claim under Section 214 of the CPLR. Gabriel Legal Injury Lawyers can provide guidance on whether you have grounds for a third-party liability claim or should file under workers’ compensation insurance. Schedule a consultation with our experienced legal team by calling (212) 463-8888 at your earliest convenience.

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Determining Liability in an Long Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Long Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Long Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Long Island Worker Compensation for Third Party Claims

4.8 Stars


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