How Third Party Lawsuits Work for Construction and Workplace Accidents in New York

Third-party lawsuits are legal actions taken against parties other than your employer or co-workers when you're injured in a workplace accident. These lawsuits become available when a third party's negligence contributes to your injuries, providing an additional avenue for compensation beyond workers' compensation benefits.

If you were injured by a negligent contractor, a defective product, or a negligent property owner while on the job in New York, contact the Porter Law Group for expert legal guidance on pursuing a third-party lawsuit.

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When Can You File a Third Party Lawsuit for a Workplace Accident in New York?

In New York, you can file a third-party lawsuit for a workplace or construction accident when an entity other than your employer or co-workers is responsible for your injuries. Some common scenarios include:

  1. Negligent contractors or subcontractors: If a contractor or subcontractor's negligence caused your injury on a construction site, you may have grounds for a third-party claim.
  2. Defective products: Manufacturers, distributors, or retailers of faulty equipment or machinery that caused your injury can be held liable in a third-party lawsuit.
  3. Property owners: If your injury occurred due to unsafe conditions on someone else's property while you were working, the property owner may be sued in a third-party claim.
  4. Negligent drivers: In cases where you're injured in a work-related car accident caused by another driver, you may file a third-party claim against that driver.

It's important to note that the statute of limitations for personal injury claims in New York is generally three years from the date of the accident. However, certain circumstances may alter this timeframe, so it's crucial to consult with an experienced attorney promptly.

If you were injured in a workplace accident because of a negligent third party, contact the Porter Law Group for a free case evaluation to explore your legal options.

What Damages Can You Recover in a Third Party Lawsuit for Workplace Accidents?

In a third-party lawsuit for workplace accidents, you may be able to recover the following damages:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disability and disfigurement
  • Rehabilitation costs
  • Property damage (if applicable)

The Porter Law Group can help you recover these damages and ensure you receive fair compensation for your injuries. We work on a contingency fee basis, meaning you won't have to pay unless we win your case.

Can I Still File a Third Party Claim if I already received Workers Compensation?

Yes, you can still file a third-party claim even if you've already received workers' compensation benefits. Unlike workers' compensation, which limits the types of damages you can recover, a third-party lawsuit allows you to seek additional compensation for pain and suffering, emotional distress, and other non-economic damages.

However, it's important to note that if you receive compensation from a third-party lawsuit, you may be required to reimburse your employer's workers' compensation insurance carrier for benefits they've already paid out. This process, known as subrogation, ensures that you don't receive double compensation for the same injury.

Compared to workers' compensation and regular personal injury lawsuits, third-party claims often result in higher compensation amounts. This is because they combine the benefits of workers' compensation (covering medical expenses and lost wages) with the broader range of damages available in personal injury cases.

The Porter Law Group's experienced personal injury attorneys can help you navigate the complexities of third-party claims and secure the compensation you deserve. Contact us for a free case evaluation, and view the results we've achieved for previous clients throughout New York State to learn more about how we can help you.

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Why Choose the Porter Law Group?

The Porter Law Group stands out as a premier choice for workplace accident victims in New York due to our extensive experience, dedication to client success, and proven track record. Our team of skilled attorneys specializes in complex third-party lawsuits and has a deep understanding of New York labor laws. We're committed to providing personalized attention to each case, ensuring that our clients receive the highest quality legal representation.

How We Can Help

At the Porter Law Group, we offer comprehensive legal services for workplace accident victims pursuing third-party claims. Our team will:

  1. Thoroughly investigate your accident to identify all liable parties
  2. Gather and preserve crucial evidence to support your claim
  3. Consult with medical experts to fully understand the extent of your injuries
  4. Negotiate with insurance companies on your behalf
  5. Prepare your case for trial if a fair settlement cannot be reached
  6. Guide you through every step of the legal process, ensuring you understand your rights and options

Contact a Workplace Accident Attorney in New York

Do not let a workplace accident derail your life. If you’ve been injured by a negligent contractor, driver, property owner, or because of a defective product, contact the Porter Law Group today at 833-PORTER9 and let us help you secure the compensation you deserve for all your injuries and losses. We work on a contingency fee basis, so you won't have to pay us unless we win your case. Let us help you on the road to recovery and ensure that your rights are protected every step of the way.

Last Updated on 
September 6, 2024
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