Can I Sue a Third Party After a Workplace Injury?

Yes, you can sue a third party after a workplace injury in New York. Workers’ Compensation can help with your medical bills and lost wages, but it limits what you can recover. A third-party lawsuit lets you pursue pain and suffering and your full lost earnings.

Third-party claims arise when someone other than your employer caused or contributed to your injury. These cases run separately from your Workers’ Comp claim.

An attorney can help you identify who is liable and file the right claims. Our Workers’ Compensation lawyers in New York have recovered more than $1 billion for injured accident victims. Call today and schedule your consultation and get started on your case. 

Can I Sue My Employer for a Workplace Injury?

In most cases, no. New York’s Workers’ Compensation Law bars employees from suing their employers in civil court. Workers’ Compensation is the exclusive remedy against your employer for workplace injuries.

There are narrow exceptions. If your employer intentionally harmed you, or if your employer does not carry required Workers’ Compensation insurance, you may have grounds to sue them directly. These situations are uncommon but do occur.

A co-worker who caused your injury is also generally protected under the same exclusivity rule. However, if that co-worker was acting outside the scope of their employment at the time of the incident, a direct claim against them may be possible.

What is the Difference Between Workers’ Comp and a Third-Party Lawsuit?

It is important to understand Workers’ Compensation vs. personal injury claims. Workers’ Compensation is a No–Fault system. You do not need to prove anyone was negligent to receive benefits, but your recovery is limited to medical expenses and a portion of your lost wages.

A third-party personal injury lawsuit is a civil negligence claim. You must prove the third party owed you a duty of care, breached that duty, and caused your injury. In return, you can recover damages that Workers’ Comp does not allow, like pain and suffering, and your full lost earnings.

The two claims can run at the same time. Settling or winning a third-party lawsuit may require you to reimburse your company’s Workers’ Comp carrier for benefits already paid. However, the net recovery is often significantly higher than Workers’ Compensation alone.

Do I Need an Attorney to Pursue a Third-Party Claim?

Third-party workplace injury cases in New York involve dealing with multiple legal systems. Handing it yourself means managing a Workers’ Comp claim, a Civil Lawsuit, and potentially a lien negotiation with the insurance carrier simultaneously.

In almost every circumstance, an attorney familiar with third-party workplace injury cases can handle your legal issues and build your case far better than you could on your own. This is especially true if your injuries require extensive rehabilitation and recovery.

Our legal team can identify all liable parties through an investigation. In construction cases, this may involve reviewing contracts between the general contractor and subcontractors, inspecting the job site, and obtaining records from the property owner.

What Is New York Labor Law, and How Does It Apply to My Case?

New York Labor Law provides protections for construction workers that go beyond standard negligence law. Sections 240 and 241 impose absolute liability on property owners and general contractors when gravity-related hazards or unsafe construction site conditions injure workers.

If a worker gets injured, such as falling from an unsecured ladder or being hit by falling debris, the general contractor or property owner can be liable for the unsafe site conditions, even if they didn’t cause the unsafe condition. This means that the worker may have a strong Labor Law claim, no matter who set up the ladder.

Section 200 of the Labor Law covers general workplace safety and applies to a broader range of industries. If a property owner had control over the work being performed and knew about a dangerous condition, they may be liable under this section.

How Long Do I Have to File a Third-Party Lawsuit in New York?

New York’s statute of limitations for most personal injury claims is three years from the date of the injury, per C.P.L.R. § 214. If you miss this window, you will lose your right to sue, even if your case is strong.

Some exceptions can shorten this window. If the third party is a government entity, such as a city agency or public authority, you may need to file a Notice of Claim within 90 days of the injury before you can sue.

Product liability claims against equipment manufacturers follow the same three-year rule, but the clock may start from the date you discovered the defect rather than the date of the accident. An attorney can confirm which deadline applies to your specific situation.

Get Help With Your Workplace Injury Case

When a third party contributed to your injury, you may have the right to pursue additional compensation through a civil lawsuit. The Workers’ Compensation system in New York does not fully replace what you lost, and additional legal action is often necessary. 

We represent injured workers across New York and can help you understand your options before any deadlines pass. Our team can investigate the full circumstances of your injury, identify every liable party, and work to maximize your recovery.

Shulman & Hill has been standing up for the rights of injured workers in New York for over a decade. Call now for your free consultation and find out how we can assist you.