What is a Third Party Claim?

As a resident of Suffolk County or anywhere else in New York State, if you’re injured in a workplace accident or if you suffer an occupational disease, there is a very good chance that you are covered by your employer’s workers’ compensation insurance. After all, most employees in New York are covered by workers’ comp, with limited exceptions, such as real estate agents, federal employees, railroad workers, and casual workers.

“Does workers’ compensation cover 100% of my pay?” Unfortunately, it does not. If a covered employee is injured, he or she cannot collect for the first seven days of his or her disability, unless their injury lasts more than fourteen days. However, if a claimant is totally or partially disabled and unable to work for more than seven days, he or she can receive cash benefits. The way benefits work is, claimants receive 2/3 times their average weekly wage times the percentage of disability.

According to the New York Workers’ Compensation Board, “a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week.” If an injured worker can return to work but their injury prevents them from earning the same wages they did before the injury, the claimant may be eligible for a benefit that makes up two-thirds the difference.

Filing a Third Party Claim

As you can see from the numbers above, workers’ compensation does NOT pay a lot. When an injured employee files a workers’ compensation claim, they cannot sue their employer for additional damages; however, they may be able to file a lawsuit against a third party, in addition totheir workers’ comp claim. A worker can do this when a third party was partially or fully responsible for their injuries.

Here are some examples:

• While driving to meet a client, a salesman is seriously hurt in a car accident after another driver runs a red light. The salesman can file for workers’ comp, but he can also file a suit against the at-fault driver – this is a third-party claim.
• A construction worker is using a saw on the worksite. The defective saw cuts his finger off. The worker can file for workers’ comp, but he can also file a third-party claim against the saw’s manufacturer for a defective product.
• While working on a client’s yard, a landscaper is attacked by the client’s Pitbull and suffers permanent disfigurement in his face. He is able to file a workers’ comp claim, but he can also file a claim against the homeowner’s insurance policy.

If you were injured in a workplace accident and pursuing a workers’ comp claim, you may be entitled to additional compensation through a third-party claim. To explore your options, contact our Suffolk County injury firm today!