Workers’ Compensation and Personal Injury Attorney in Third-Party Cases
Finding the right team of attorneys to protect and serve your best interests can be an integral contributor to your case’s success.
If you or someone you love have suffered a personal injury as a result of someone else’s carelessness or neglect, it is important for you not only to prioritize your need for medical treatment but also that you enlist an experienced New Jersey law firm to advocate for your behalf through the remainder of this process. Finding the right team of attorneys to protect and serve your best interests can be an integral contributor to your case’s success, ensuring that every legal avenue available to you has been evaluated and fully pursued to achieve a positive outcome.
If the injury is work-related, the first course of action is typically to file for benefits under the New Jersey workers’ compensation laws, which are typically the exclusive remedy for injuries. Money paid out due to your employer’s carelessness or negligence, or a co-worker imposes significant limitations on worker benefits at the same time as it seeks to protect them.
Since this often prevents workers from filing a personal injury lawsuit against their employer and limits the ability of an employee’s surviving family to obtain full compensation for all economic and non-economic losses, filing a third-party liability claim is one way to recover compensatory damages for medical expenses, loss of income, pain, and suffering, punitive damages, resulting in disability or disfigurement, and wrongful death.
You can also check our related post on How to handle third-party cases?
Understanding Third-Party Liability & Personal Injury Lawsuits
In Personal Injury Law, there’s an interplay with workers’ compensation. A third-party claim is a personal injury lawsuit that a worker files against a party other than the worker’s employer or co-employee. In these situations, someone is working, so they are entitled to workers’ compensation benefits, and somebody else besides the employer was involved resulting in harm to this individual, thus a “third-party.” Third-party cases require both an experienced worker’s compensation attorney and a personal injury attorney to work together to help bring the best results for the client.
Scaffold and ladder injuries are typical of construction-related third-party liability lawsuits, which can become more increasingly complex and involve not only negligent co-workers and negligent third parties but numerous other parties, such as contractors, subcontractors, property owners, and tool manufacturers. In some cases, an injured employee may have a case against a fourth and fifth party if their negligence contributed to the accident. Yes, multiple recoveries are completely legal in New Jersey.
Another typical example is when a salesman en route to an appointment is struck in a motor vehicle accident. There are two different cases there, and the worker’s compensation statute requires some payback. This could also be an issue if you lend your car to someone who is not on your auto insurance. That’s why you need an experienced attorney on both ends, which this law firm is qualified to give you so that you may be able to maximize your recovery on a third-party case.
Do I need an attorney to file a third-party personal injury claim in NJ?
A third party claim can be worth a considerable amount of money if liability can be established and proof of negligence is available. Since third-party claims are often significantly more factually complicated than workers’ compensation claims, the type of investigation and amount of due diligence required to determine if a possible third party claim exists can be daunting. At Chamlin, Uliano & Walsh, our team of experienced personal injury attorneys is skilled at evaluating third claims and determining at-fault parties that may be liable for damages.
What are the most common worksite accidents in New Jersey?
A wide variety of dangerous circumstances causes construction accident injuries and deaths:
- falling objects upon pedestrians or bicyclists, especially near crosswalks
- unsafe equipment
- falls from scaffolding or other heights
- worksite vehicle injuries (i.e., cranes, excavators, forklifts, backhoes, roll-off hoist trucks, dumpsters, and dump trucks).
Additional third-party claims in a workers’ compensation setting can include:
- Violence in the workplace or workplace-related assault
- Security company’s inadequate security or negligence for failing to take measures preventing a violent assault
- Landowner liability or property site owner if they permitted unsafe workplace practices or enforce the appropriate safety regulations
- Premises liability if the property is not maintained or there were cases involving construction accidents, slip-and-fall incidents, or injuries that result from this negligence
- Vendor liability if they created a condition that resulted in a work-related injury
- Products liability claim if an item is poorly manufactured or contributed to an industrial accident
- Motor vehicle operators (i.e., drivers of cars or trucks that caused the accident)
- Birth defects or another occupational disease claim
- Equipment rental company
Consult a West Long Branch Seasoned Personal Injury Law Firm
The key is: don’t go it alone. It would help if you had a seasoned personal injury lawyer and workers’ compensation attorney with knowledge and experience bringing successful third-party claims.
The skilled attorneys at Chamlin, Uliano & Walsh can evaluate your case and determine if there is an argument to be made for third-party liability. We can also assist with both workers’ compensation claims and third-party liability lawsuits.