A woman with a bandaged leg sits on a beige couch, holding a phone to her ear. She appears to be in conversation. Two crutches lean against the couch, and a small table with books is beside her. The room is well-lit with a potted plant in the background.

When you get hurt at work, you should be able to apply for workers’ compensation. Your employer has workers’ comp insurance for moments just like these. Sometimes an employer is not the only one to blame for your injuries though. In cases like these, you may need to make a third-party personal injury claim. Our Westchester County workers’ compensation attorneys can help you with that as well.

When Would I File a Third-Party Personal Injury Claim?

You can file a third-party personal injury claim when you believe that someone else contributed to your workplace accident. This “third party” helped cause your injuries, so they should also have to compensate you for what you have experienced. Some examples of times when a third party should be brought into a lawsuit include:

  • When a worker is injured by a defective product
  • When a worker is hurt while driving for work-related reasons
  • When a worker is hurt while visiting a client’s facility or property

In these situations, the injured person is likely to qualify for workers’ compensation because they were on the job at the time of their accident. However, they also suffered harm due to the negligence of a third party, so submitting another injury claim makes sense.

Can a Third-Party Personal Injury Claim Win Me Additional Compensation?

Yes, you can be awarded workers’ compensation and additional compensation for a third-party personal injury claim. Winning compensation from one source does not prevent you from earning it from another. However, your employer’s workers’ compensation insurer may be reimbursed partially for what they paid out if you win a third-party claim.

You should also keep in mind that workers’ compensation does not address noneconomic damages, like mental anguish or pain and suffering. Only a third-party personal injury claim can help you recover compensation for these types of damages.

How Long Do I Have to Make a Claim?

New York gives you three years to begin pursuing a personal injury case. We recommend acting as quickly as you can though. The faster you act, the sooner your attorney can start building a case. The sooner that case is brought forward, the sooner you could receive the compensation that you deserve.

Do I Need a Personal Injury Attorney?

You are not required to hire an attorney, but one can do a lot to help you with your case. A lawyer from our firm can:

  • Remind you of important dates and deadlines
  • Communicate on your behalf
  • Calculate fair compensation
  • Defend you from accusations of fault or wrongdoing
  • Field settlement offers
  • Answer any questions that you have about the legal process

We cannot make guarantees, but it can be helpful to have an advocate at your side throughout this entire process.

Contact Our Law Firm

If you are thinking about filing a third-party personal injury claim, contact Hausman & Pendzick. You do not have to fight for compensation on your own. Learn more about how our attorneys can be of assistance.