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What happens when you are injured while working but through the fault of someone other than your employer or coworkers? In the context of a workplace injury, a personal injury claim or third-party claim is a legal claim when a worker is injured by someone else other than the employer or co-workers. Thus, you can seek compensation from someone such as a drunk driver, a lazy subcontractor, or dismissive property owner than caused your workplace injury.
In New York City, you may be able to file a third-party work injury claim against other individuals or entities in work-related injures.
At the Law Offices of Edmond J. Hakimian, we have helped numerous New Yorkers recover millions in their workers’ compensation and personal injury claims. Our attorneys and paralegals with numerous years of experience and knowledge will help you through the process advocating for the largest compensation you deserve!
Each case is different! Submit us a message using our contact form or call us at 718-362-3180 for a free legal consultation to discuss your case.
Workers’ compensation is a form of insurance designed to help workers who are injured on the job and cannot come back to work yet. This allows them to make up for lost wages and expenses as they are recovering. The amount these workers get are set by a Workers’ Compensation Board, giving them expectations of their weekly insurance. Furthermore, the process is to claim workers’ compensation is slightly easier as there is no-fault system in place in New York City. The individual just needs to prove they were injured on the job through their employer if the accident wasn’t in their control.
On the other hand, a personal injury claim happens occurs when a worker is injured in the workplace or outside the workplace through the fault of a third-party, someone other than their employer or co-workers. The process may be more difficult as the injured worker needs to prove the third-party caused an on-the-job workplace injury. Individuals may also receive larger compensations but the process may be more lengthy.
Third-party work claims can happen in any work field. Here are a few examples of common third-party workplace claims:
A construction worker getting injured by someone other than their employer such as a different contractor, heavy machinery manufacturer, or property owner.
A driver or delivery personnel gets injured in a car accident caused by a driver's negligence.
an employee slipping and falling due to unsafe surfaces in a third-party premise
An office worker or healthcare worker getting attacked by an unknown individual while performing their job duties.
In New York, an injured worker may recover the following types of monetary compensation successfully winning their personal injury claim:
Compensation for medical expenses, lost income and future earnings, etc.
Compensation for psychological distress, loss of enjoyment of life, permanent disability, etc.
Just like workers’ compensation, there are time limits and deadlines one must be aware about when filing a personal injury work claim:
For New York, the statute of limitations for a personal injury is within three years of the injury date
Should the outside individual be a state or local government, or agency, the injured worker must file a Notice of Claim in New York Super Court within 90 days of the injury date or 30 days before a lawsuit
The statute of limitations may be paused or tolled if the at-fault party leaves the state or becomes absent for more than four months. Additionally, should the at-fault party be disabled and not competent, New York Law states the three-year deadline will commence once they are deemed competent.
Third-party personal injury claims can be overwhelming when doing the process yourself. Furthermore, when you are assessing the relationship between workers’ compensation and third-party claims, it can be complex and the circumstances in your case could differ. Should this happen, it is best to hire a personal injury lawyer with the knowledge and experience to review your case.
Contact our personal injury lawyers here at The Law Offices of Edmond J. Hakimian! Call us now or fill out our contact form to receive a free personal injury legal consultation and case review! By hiring us, we will advocate for your rights and get you the maximum compensation that your justice deserves.
The Law Offices of Edmond J. Hakimian PC. represents knowledge and years of experience advocating for our New York City and Long Island clients in the area of workers’ compensation, work injury compensation, personal injury compensation, social security disability, as well as legal protection for uninsured employers.
Call now and get a free personal injury legal consultation and case evaluation. Pay nothing unless your case is won!
If you have been injured in a car accident, motorcycle accidence, etc., you have every right to a settlement for your injuries. And while filing a case can be easy, the process may be troublesome if you don’t know your rights, the injuries are significant, and/or the insurance companies don’t agree with the monetary sum. Explore our most popular FAQ for more details on your type of accident. Each person’s case is different, so we recommend consulting an attorney to discuss and evaluate your case.
You should firstly seek medical attention in the case your injuries are severe. If it is only minor injuries, your next step is to take photos and videos of the accident and any witnesses contact information. From there, you can set up a consultation with a personal injury attorney to discuss your options.
Some simple personal injury cases do not need an attorney such as being rear-ended by a car with little to no injuries. However, a personal injury attorney is necessary for more significant injuries, complex accidents, etc. With a larger monetary sum possibly present, it is recommended to hire a personal injury attorney so you can build a strong case.
With the many experiences we have working with personal injury cases, we can give you a rough estimate on how much you may get. However, please note that we cannot promise a certain amount, and will vary depending on the nature of your injuries and the case at hand.
Our office offers free legal consultation and case evaluation! Focus on getting the medical attention and compensation you deserve without having to worry about any fees.
Our online Contact Form makes it easy for you to sign up online without having to come into the office. We can assist you with any general questions and respond to your requests within 24 hours.
A free consultation will firstly be conducted to assess your case and make sure we are the right fit. You have three years statute of limitations to file a case in the state of NY. Once determined, we assist you in gathering proper evidence (e.g., video evidence, witness testimony, medical records, etc.), and negotiating/demanding with the other attorney or insurance company. If we deem that the negotiations are too far apart from the maximum compensation you deserve, we will assist you in filing a personal injury lawsuit. Throughout the whole process, you have direct access to your attorney, so if you have any questions, you are able to reach them. We come with you during the trial and assist in winning the lawsuit in your favor, making sure you have the strongest case. And you pay nothing throughout the whole process until you win your case!
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Protecting your rights in Workers’ Compensation, Personal Injury, and Social Security Disability cases in all of NYC’s five boroughs and Long Island.
The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by accessing or using the information on this site. The content on this website may not reflect the most current legal developments, verdicts, or settlements and is subject to change without notice. We encourage you to schedule a free consultation with our attorneys to understand how the law applies to your specific situation and discuss your legal needs.
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