John A. DeGasperis, Esq.

Third-Party Lawsuits for Work Accidents in New York | What to Know

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Our firm recognizes how stressful an injury on the job can be. Fortunately, you have options. Continue reading to learn more about third-party lawsuits and workers’ compensation benefits and reach out to our skilled Ulster County personal injury lawyer.

What are third-party lawsuits?

In the event that an individual is injured on the job, he or she may be unable to afford the costs of medical expenses and lost wages. As a result, they may turn to workers’ compensation benefits to receive this relief. However, in some cases, the amount recovered in workers’ compensation insurance benefits does not completely cover the cost of an injury. If this happens, our firm can file a third-party claim, where the attorneys on your case will look to hold a liable third party (not your employer) accountable for your injuries. This can include property owners, building architects, product designers/manufacturers, and more. In New York, you will have three years from the date of your accident to file a third-party personal injury claim, which abides by the statute of limitations.

What steps should I take after a workplace accident?

After being hurt in a workplace accident, it is crucial that you take a number of different steps to record the facts of the incident. They include the following:

  1. If you are seriously hurt, call 911. They will send emergency services to the scene and write up a police report of the incident.
  2. Inform your supervisor/employer of your accident.
  3. Take photos and videos of the unsafe conditions that caused your accident.
  4. Get treated by a doctor and receive a copy of all medical documentation associated with your injuries.
  5. Retain the services of a skilled Ulster County work injury lawyer as soon as you can.

What is workers’ compensation?

All for-profit and most non-profit employers in the state of New York are mandated to carry workers’ compensation insurance. If you were hurt on the job, you will most likely first file a workers’ compensation claim, which basically means that you are seeking compensation for your injury from your employer’s insurer–not your employer him/herself.

Keep in mind that though it is always best to inform your employer of your injury as soon as you are able, you are mandated to do so within 30 days of the injury occurring if you would like to file a workers’ compensation claim. After that, you will have two years from the date of your accident to file your workers’ compensation claim. If awarded, you should receive compensation to help cover your medical bills and a part of your lost wages.

Contact Our Experienced Ulster County Firm

If you require legal representation for personal injury matters in New York, contact John A. DeGasperis, Esq. to schedule an initial consultation to learn more about our services and how we can assist your upcoming legal process.