Accidents at work can be extremely frustrating, taking a physical and emotional toll on the injury victim who sometimes has their life impacted drastically.
Like other states, New Jersey offers workers' compensation benefits to injured workers to help them financially as quickly as possible. But what if, in addition to your employer, another party -- such as a contractor or a product manufacturer -- also contributed to your workplace injury? You may have more legal options to seek compensation in some cases.
If you were injured in a workplace accident in New Jersey, call the office of Brandon J. Broderick, Attorney at Law. Our NJ workers comp attorneys can help you understand your legal rights and what benefits you are entitled to.
Third Party Liability in Workplace Injuries: What To Know
Third Party Liability Explained
The legal responsibility of parties other than your employer when you suffer an injury during an accident at work is known as third-party liability. When an employee suffers an injury at work, workers' compensation usually pays for medical costs and lost income, but does not cover punitive damages or pain and suffering. Should an accident at work be caused by someone else's negligence, you may have the option to file a personal injury lawsuit against a third party to recover losses.
How To Determine Third Parties in a Workplace Accident
In workplace accidents, third parties may be liable in the following situations:
- Contractors and Subcontractors: You may hold a contractor or subcontractor liable if their negligence results in your injuries.
- Manufacturers: If machinery or equipment at work is defective, accidents may occur, and the maker may be held liable for their faulty or malfunctioning product.
- Property Owners: If you were hurt while working on someone else's property, the owner might be held liable for any dangerous conditions.
Compensation Through a Third Party Personal Injury Lawsuit
Benefits From Filing a Personal Injury Claim Over Workers Comp
Injured workers can pursue compensation beyond what workers' compensation offers by filing personal injury claims. In a personal injury claim, you may see the following types of compensation:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Punitive damages
You Must Prove Negligence
Establishing the third party's negligence to win a personal injury claim. This requires that you prove:
- You were owed duty of case by the third party
- The third party breached that duty of case
- Your injuries were a direct result of their negligence
- You actually sustained damages
Believe You Have a Third Party Claim in a NJ Workers Comp Case? Let Brandon J. Broderick Help You
Consult with an experienced personal injury lawyer at Brandon J. Broderick, Attorney at Law if you were hurt in a workplace accident in New Jersey and think someone else was at fault for your injuries.
They can assist you in pursuing the compensation you are entitled to. Give us a call today to schedule a free consultation right away.