A work injury has a way of pulling the rug out from under you. Maybe you’re lifting crates in Newark or hanging drywall in Midtown when suddenly you’re stuck with doctor visits, missed paychecks, and daily pain. Most people think workers’ comp is the only lifeline, but that’s not always the full picture.
While workers’ compensation is a crucial safety net in New York, it has limitations. The system covers medical treatment and part of your lost wages, but it does not pay for pain and suffering, full income loss, or the long-term impact an injury may have on your life.
What many injured workers don’t realize is that they may have another option: a third-party claim. This type of lawsuit can increase your total recovery if someone other than your employer contributed to the accident.
Learn the difference between these two systems and how an experienced New York workers’ compensation attorney can help you maximize recovery after an injury on the job.
What Workers’ Compensation Covers—and What It Doesn’t
New York law requires most employers to carry workers’ compensation insurance. This system provides certain benefits after a job-related injury, regardless of who caused the accident.
Workers’ compensation generally covers:
- All necessary medical care for your injury
- Part of your lost wages (two-thirds of your average weekly wage, up to a state cap)
- Permanent disability benefits if your injury leads to lasting limitations
These benefits cover the essentials, but they only go so far. For many workers, especially those with serious injuries, the limits of workers’ comp leave a financial gap between what the system pays and what life actually costs.
That is where a third-party claim may help.
When You May Have a Third-Party Claim in New York
A third-party claim is a personal injury lawsuit you file against someone other than your employer who caused or contributed to your accident. These cases allow you to pursue full compensation, including non-economic damages.
Common examples include:
| Who May Be Liable | When It Applies | Why It Matters |
| Subcontractors or Other Companies on the Job Site | Unsafe work by another crew (poor material storage, unsecured loads, OSHA violations, or debris left in walkways). | Their negligence created the hazard, making them liable. |
| Property Owners or Building Managers | Slip-and-falls, collapsing ceilings, broken stairs, poor lighting, unsafe entrances, or hallways. | They’re responsible for maintaining safe property conditions, even if they don’t employ you. |
| Equipment or Machinery Manufacturers | Defective ladders, power tools, forklifts, cranes, machines without guards, or electrical failures | Defects or missing safety features support a product liability claim. |
| Drivers Outside Your Company | Car or truck crashes while you’re driving for work (deliveries, work travel, site-to-site transport). | The at-fault driver’s insurance can be held responsible for your injuries. |
New York provides extra protection for workers exposed to elevation hazards through Labor Law §240, known as the Scaffold Law. This statute allows injured workers to hold owners and contractors liable when inadequate safety devices result in a fall or an injury from a falling object.
The Value of Pursuing a Third-Party Claim
Unlike workers’ comp, a third-party claim pays for the full scope of harm, including:
- Pain and suffering
- Full lost wages and future income
- Loss of enjoyment of life
- Emotional distress
- Reduced earning capacity
- Long-term medical needs
- Scarring and disfigurement
If you suffered serious injuries, such as fractures, spinal trauma, traumatic brain injuries, or burns, a third-party claim can help you secure the financial support you need to rebuild your life.
Why You Need a New York Injury Attorney
Unlike workers’ comp, a third-party claim isn’t automatic. You must prove that another person or company acted negligently and that their actions caused your injury.
But on an active job site, evidence doesn’t last long. Equipment gets moved, debris is cleared away, and hazards are often corrected before anyone has a chance to document what happened.
A skilled New York injury attorney can help you:
- Secure the Accident Scene: Gather photographs, measurements, and witness statements before the site changes or hazards are removed.
- Collect Critical Video Footage: Request and preserve security camera recordings, dashcam clips, or job-site videos that often auto-delete within days.
- Preserve Defective Equipment: Collect and protect tools, ladders, machines, or safety gear involved in the accident so they can be inspected for defects or misuse.
- Review Safety Logs and Contracts: Examine work logs, maintenance documents, and subcontractor agreements to identify who was responsible for the unsafe condition.
- Work with Qualified Experts: Engage engineers, safety specialists, and reconstruction experts to investigate the accident, explain how it occurred, and establish fault.
A thorough investigation can be the difference between receiving a modest payout and a life-changing result.
Some injured workers may qualify for both workers’ compensation and a third-party claim, but managing these claims simultaneously is complicated. A third-party recovery can trigger repayment of workers’ comp benefits, and if the case isn’t structured correctly, you risk losing benefits or walking away with far less than you should.
At Douglas & London, our team understands how to manage both systems, ensuring you receive the maximum compensation the law allows.
Protect Your Full Rights After a Workplace Accident
A serious work injury can ripple through every part of your life: your income, your routines, your independence, and your family’s stability. You shouldn’t be stuck with limited workers’ comp benefits if someone else’s negligence contributed to your injury.
With over $18 billion recovered since 2002, we know how to act quickly, preserve critical evidence, and pursue both workers’ compensation and third-party claims strategically to maximize your recovery.
Contact our law firm for a free, confidential consultation. You’ve worked hard for your livelihood. Let us work just as hard to protect it.