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What are third-party claims in a workers’ compensation case after a construction injury?

On Behalf of | Feb 26, 2021 | Uncategorized

Working a construction job is fraught with danger, and accidents happen all the time. Most of the time, injured workers rely on workers’ compensation benefits to get them through the post-injury period.

But what if that’s not enough? When your injuries are serious, workers’ compensation benefits may not be enough to fully meet your needs.

A third-party claim may be an option that pays more

Workers’ compensation is designed to be a no-fault system that’s (supposedly) easy to collect — but it only covers an injured worker’s related medical bills, lost wages and compensation for damaged body parts. It does not cover your pain and suffering, and the actual cash benefits may not be enough to fully provide for your needs or the needs of your family.

Under most circumstances, you cannot bring a civil claim against your employer when workers’ comp is involved. That rule doesn’t hold true, however, for any third party that may be responsible for your losses. You may be able to pursue a personal injury claim against:

  • A negligent driver who hit you while you were driving for your job
  • A security company that failed to fully guard against intruders, which led to an assault
  • A property owner who did not notify you of unsafe conditions on their land
  • A contractor who did not enforce the usual safety regulations at a job site
  • A subcontractor who left tools lying around, leading to a fall
  • A manufacturer whose equipment malfunctioned while you were using it
  • A repair company that did not adequately service or maintain a dangerous piece of equipment

These are just a few of the possibilities out there. Because every case is unique, it’s wise not to discount the idea of a third-party claim for your construction injury without first speaking to an attorney here in New Jersey.