Third Party Claims Lawyer in New York City

Name: Third Party Claims Lawyer
Brand: The Law Offices of Michael S. Lamonsoff
Rating: 4.8 (495 reviews)

Man getting temporary treatment for construction injury

What Workers' Compensation Covers and Its Limitations

In a typical workers' compensation claim or settlement in New York, you don’t need to prove employer negligence if you suffered injuries in the workplace. Workers’ compensation only covers actual lost wages and medical bills. It doesn’t cover damages for your pain and suffering. You can file a personal injury claim for maximum compensation when a third party is liable for your workplace injuries.

Our knowledge of both workers' compensation and personal injury law enables us to view the big picture of your case and help you obtain the highest compensation possible rather than being constrained by the narrow focus of either area exclusively.

We look at your situation as a whole, and our balanced approach helps us maximize your overall potential recovery. The third party claims lawyers in New York City at the Law Offices of Michael S. Lamonsoff have secured more than half a billion dollars in verdicts and settlements in personal injury cases. Michael S. Lamonsoff, our firm's founding attorney, has earned the nickname "The Bull" for his aggressive and unrelenting pursuit of justice on behalf of his clients.

Third-Party Claim Scenarios

There are a few scenarios where making a third-party claim is not only feasible but also highly recommended. They include the following:

Delivery Worker

In New York State, the Worker's Compensation system is the first recourse for delivery van drivers who are injured on the job and need compensation for their medical bills and lost wages. If a negligent driver caused the collision and your injuries, you might also have a claim for personal injuries against the irresponsible driver's insurance company.

Construction Worker

A fall involving an unstable scaffold or ladder on the job
Suffering an injury on the job because of a third party (e.g.: an electrician hired as a subcontractor) on the work site
Construction site accidents caused by falling materials that were being lifted or needed to be secured

Defective Product

It's possible to file a third-party claim against a product's manufacturer if you suffer an injury on the job because of a defective product. Malfunctioning power tools, chemical solvents, combustible items with insufficient warnings or instructions, cranes, ladders, forklifts, and scaffolding that fail during critical moments can all be considered faulty products in the workplace.

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms. Our third party claims lawyers in New York City will fight for your rights.

$4,000,000 Awarded to Families of Flight 587 Victims

$16,000,000 Verdict Awarded to a Victim of Sexual Abuse

$12,157,000 Settlement in a Train Derailment Case

Collision With a Drunk Driver

Several third-party injury claims cover injury from an accident caused by an intoxicated driver. In addition to making a claim against the at-fault driver's motor insurance policy, you may be able to file a third-party dram shop liability claim against a bar or restaurant if the at-fault driver was seen exiting the place before getting behind the wheel.

Crash with a Commercial Vehicle

If you were injured in an accident with a commercial vehicle, like an 18-wheeler, you might be entitled to pursue compensation from numerous parties through a third-party injury claim. Some of the people who can be held liable in such circumstances are:

Driver
Trucking company
The company handling the truck’s freight loading
The company or the mechanics hired to maintain the vehicle

These are but a handful of the various potential reasons for claims brought by third parties. Filing a claim against a third party (individual or company) allows you to seek compensation for your medical bills, lost wages, and pain and suffering. This compensation is similar to other personal injury cases (it often represents a major portion of your financial damages recovery).

Wrongful Death on the Job

Families who have suffered the loss of a loved one due to a workplace accident can also file a claim against a third party. Any compensation you receive from the wrongful death claim against a third party will supplement the damages you receive from Worker's Compensation.

Our skilled team of lawyers will devise the best possible course of action, identify qualified medical witnesses to testify on your behalf, compile all the evidence you'll need to prove your case, and negotiate or litigate for the best possible outcome.

Burden of Proof in a Third-Party Claim

A third-party claim in the context of a construction accident or another workplace accident allows you to sue someone other than your employer who might be responsible for your injuries. In New York, this is considered a fault-based claim, which requires you to prove that the defendant third party was negligent and their negligence contributed to your injuries. It’s different from a workers’ compensation claim, which does not require you to prove your employer’s negligence.
During the investigation of a third party claim, your NYC third party claims attorney will find evidence to prove liability of the defendants as well as establish any violations of the New York State Industrial Code and OSHA safety regulations. Your lawyer may hire construction or industrial safety experts and accident reconstructionists to prove that the defendant third party violated New York building codes, labor laws or safety regulations, which contributed to your accident and injuries.

New York State Laws That Enable You to Sue Third-Parties in a Construction Accident

Labor Law Sections 200, 240, and 241: These sections impose a duty on property owners, contractors, and their agents to provide a safe workplace and impose liability for violations that lead to worker injuries.
Labor Law § 200: Requires property owners and contractors to provide a safe workplace including machinery, equipment, and materials.
Labor Law § 240 (often referred to as the "Scaffold Law"): Imposes strict liability on property owners and contractors for gravity-related accidents, such as falls from heights or falling objects.
Labor Law § 241: Imposes specific safety regulations on construction, demolition, and excavation sites, violations of which can lead to liability for resulting injuries.

Product Liability Laws: If the accident was caused by a defective product, you can bring a product liability claim against the manufacturer or distributor of the defective equipment or materials.

Third-Party Claim vs. Workers’ Comp Claim in New York

A workers’ compensation claim will only compensate you for the actual medical costs and actual loss of wages (current and future). But it will not compensate for non-economic damages, such as pain and suffering, emotional distress, loss of consortium etc. Notably, in third party claims, “pain and suffering” is usually a very large component of the total damages you can recover.
In New York, there is no cap on the amount of compensation you can potentially recover for non-economic damages. Therefore, a third-party claim can run into hundreds of thousands or even millions of dollars, depending on the severity of your injuries and losses.

Who Can Be Held Liable in a Third-Party Accident Claim in New York?

General contractors who are responsible for construction site management and safety
Subcontractors who are tasked with specific aspects of the project
Owner of the property where the accident occurred
Designers and manufacturers of defective equipment, tools, or materials
Suppliers of faulty machinery, tools, or materials

Apart from this, other entities like maintenance companies and contractors or companies responsible for safety inspections can also be held liable for the accident - depending on the circumstances.

Statute of Limitations for Filing a Third-Party Injury Claim in New York

In New York, the statute of limitations for filing a third-party construction accident claim is generally three years from the date of the accident or injury. This timeframe is outlined in New York Civil Practice Law and Rules (CPLR) § 214(5), which applies to personal injury claims resulting from construction accidents.

However, if the party being sued is a public or municipal entity such as the City of New York or New York City Transit Authority, a Notice of Claim must be filed within 90 days of the happening of the accident.

Damages Our New York Construction Accident Lawyers Can Recover For You in a Third-Party Claim

By pursuing a third-party claim, our New York construction accident lawyers can recover a broader range of damages than those available through workers’ compensation. These include:

Medical Expenses: This includes all costs related to your injuries - including emergency medical care, hospitalization, surgeries, rehabilitation, physical therapy, prescription medications, and future medical needs resulting from the accident.
Loss of Earning Capacity: This includes compensation for the estimated amount of earnings you stand to lose in the future due to reduced earning capacity. We can get medical professionals, rehabilitation professionals, and vocational experts to assess the severity of your injuries and how they impact your earning capacity in order to accurately calculate the amount of compensation you are entitled to.

Pain and Suffering: This includes compensation for the physical pain, discomfort, and emotional distress caused by your injuries.
Loss of Enjoyment of Life: This includes compensation for the loss of ability to participate in activities, hobbies, and social interactions that you enjoyed before the accident.
Loss of Consortium: If your injuries have affected your relationship with your spouse or partner, they can receive compensation for the loss of companionship, affection, and support.
Lost Earnings: This includes compensation for the income lost due to your inability to work during your recovery period.

Apart from this, if your injuries were caused as a result of egregious conduct or gross negligence by the at-fault party, we can seek punitive damages to punish them and deter similar misconduct in the future.

If I Have Already Received Workers’ Compensation Benefits, Will My Compensation in a Third-Party Claim Be Reduced?

Yes. If you have received workers’ compensation benefits, your recoverable compensation in a third-party claim can be reduced to a certain extent. Here’s how it works.

Subrogation Rights

Workers’ compensation insurers in New York have a statutory right of subrogation, which means they can seek reimbursement from any third-party settlement or judgment you receive. When your third-party claim is settled, the workers’ compensation insurer will notify you and your attorney of their intent to seek reimbursement. The amount sought is usually based on the workers’ compensation benefits paid by the insurer up to that point.

Your attorney will negotiate with the workers’ compensation insurer to determine the amount to be reimbursed and make sure the settlement or judgment proceeds are fairly apportioned between you and the insurer.

Offset for Prior Benefits

In some cases, the compensation you receive in a third-party claim might be offset by the amount of workers’ compensation benefits you have already received.

It should be noted that under New York State law, only economic damages (medical expenses and lost wages) are subject to offset or reimbursement. Any compensation you are awarded for pain and suffering and other non-economic damages cannot be reduced, as they are not covered under workers’ compensation benefits.

Our Dedicated Third Party Claims Attorneys in NYC Can Protect Your Right to Compensation

When a worker is injured on the job, they can turn to our personal injury attorneys in NYC for assistance. We'll handle any potential litigation against third parties. We investigate all potential third parties that may be liable for your workplace illness or injury to build a strong case.

Contact our third party claims attorneys in New York immediately to book an initial consultation and discover how to pursue maximum financial compensation. For a free and confidential case evaluation and consultation on the best course of action in your case, call the Law Offices of Michael S. Lamonsoff at 212-962-1020 or contact us online.