After being injured at work, you may have serious injuries and mounting expenses, and those responsible for the accident should be held accountable. Because of Workers’ Compensation laws, employees are prohibited from suing their employers for work-related injuries. However, injured employees may still sue third parties.
A third party is someone who may be responsible for a work-related accident but is outside the employer-employee relationship. Third parties often include customers, clients, suppliers, and even trespassers. Suing a third party may help you recover damages that might otherwise be unavailable through Workers’ Compensation, like non-economic damages for pain and suffering. Speak to an attorney right away about possibly suing a third party for your workplace accident.
Obtain a private, free legal assessment of your case from our New Jersey work injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Are You Allowed to Sue a Third Party for a Work Injury in New Jersey?
When an employee is injured in a work-related accident, they may be covered by Workers’ Compensation through their employer’s insurance. A key part of Workers’ Comp is that injured employees may not sue their employers for a work-related accident, but there is no such restriction on third parties.
Restrictions on Suing Employers
When injured employees receive Workers’ Compensation, they are prohibited from suing their employers for damages related to that accident or other work accidents. This may also extend to lawsuits against coworkers.
In short, when it comes to legal action against an employer for a work-related accident, Workers’ Compensation is often the sole legal remedy, barring special circumstances.
Possible Third Parties
In many workplace accidents, people or entities that are not a part of the employer-employee relationship (i.e., third parties) may be responsible. In such cases, injured workers may sue third parties for their injuries and are not barred from doing so by Workers’ Compensation laws.
Common examples of third parties you might sue after an accident at work include
- Manufacturers of defective equipment
- Customers or clients
- Independent contractors hired to perform work in your workplace
- Trespassers
- Drivers (e.g., if you were injured in an accident while traveling for work).
Benefits of Suing a Third Party for a Work Accident
A personal injury lawsuit against a third party may help you recover damages that are otherwise unavailable through Workers’ Compensation or other forms of insurance. For example, non-economic damages, such as pain and suffering, are blocked under Workers’ Comp benefits, but they may be recovered through a lawsuit.
How to Sue a Third Party for a Work Accident
You may sue a third party for your work accident, but you should speak to an attorney about your case first. The sooner you seek legal help from an experienced attorney, the better.
Responsibility for the Accident
First, our New Jersey work injury lawyers must determine if a third party is even responsible for the accident. You cannot simply select a third party connected to your place of work and sue them for any accident. We need proof that they are indeed responsible.
A significant problem may be your own negligence. Injured employees may claim Workers’ Compensation regardless of who caused the accident. They can even receive benefits if they caused the accident themselves. However, this leniency does not apply to lawsuits. You cannot sue a third party if you are more than 50% responsible for the accident.
Evidence
No lawsuit can move forward without evidence. If you want to sue a third party for a workplace accident, we need evidence showing the third party is not only connected to the accident but also responsible for it.
We must have some evidence when we first file the legal complaint against the defendant. While we do not need enough evidence to satisfy our burden of proof, we should have enough evidence in the complaint to show that you have a valid cause of action against the defendant.
Restrictions on Double Recovery
You are allowed to sue a third party for a workplace accident, and you may do so even if you are currently receiving Workers’ Compensation benefits. However, you are not permitted to recover compensation for the same damages twice.
When suing a third party, you may claim all damages that the third party is responsible for, including medical costs, property damage, pain, suffering, and more. You may claim damages in a lawsuit even if they have already been compensated through Workers’ Comp. However, your employer’s insurer will have something to say.
The insurer that provides you with Workers’ Compensation benefits may file a subrogation claim if you receive compensation for damages that the insurer has already paid for. In short, you may have to pay the insurer back.
FAQs About Suing Third Parties for Work-Related Injuries in New Jersey
Are You Allowed to Sue Third Parties After Accidents at Work?
Yes. If you are injured in a workplace accident, you may sue a third party for damages. Third parties may include anyone who is not within the employer-employee relationship, including customers, clients, suppliers, and other people or business entities connected to your work.
How Are Third Parties Responsible for Work Accidents?
A third party may be responsible for a workplace accident if the accident occurred due to their wrongful or negligent actions. For example, if you were injured at work because a power tool you use for your job malfunctioned, the company that manufactured the defective tool may be held liable.
How Do You Prove a Third Party is Responsible for Work Injuries?
Proving that a third party is responsible for your accident at work requires evidence. We must have evidence that the third party’s wrongful or negligent actions are directly responsible for the accident. In some cases, the third party is present during the accident, like a customer who assaults an employee. In others, the third party might not even be present, like a manufacturer of defective tools, and our evidence will look very different.
Can You Sue a Third Party for a Work Accident if Also Receiving Workers’ Comp?
Yes. Workers’ Compensation laws prohibited employees from suing their employers for work accidents, but there is no restriction on suing third parties. Even if you are currently receiving benefits, you may still sue a third party.
Can You Sue Your Employer After an Accident at Work?
Generally, no. Injured employees are barred from suing their employers for workplace accidents, and Workers’ Compensation. However, employers might be able to sue their employers for a work accident under special conditions. For example, you can sue an employer for “intentional wrongs.”
Receive Legal Support from Our New Jersey Work Injury Attorneys
Obtain a private, free legal assessment of your case from our New Jersey work injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.