Exploring Third-Party Liability in Workplace Injuries: Can You File a Lawsuit?

April 10, 2025

Workplace injuries are often thought to be solely addressed through workers’ compensation. While this no-fault system is a vital safety net for injured workers in New Jersey, it’s not always the only avenue for obtaining compensation. In certain situations, you may be able to pursue a third-party claim, potentially increasing your recovery. This guide will explore what third-party liability means, when it applies, and how an experienced workers’ comp lawyer can help you navigate these complex cases.

Understanding Third-Party Liability in Workplace Injuries

In a workplace injury, third-party liability arises when someone other than your employer or co-workers causes or contributes to the accident. Workers’ comp laws in New Jersey generally prevent employees from suing their employers directly. That said, if a third party – such as a subcontractor, equipment manufacturer, or property owner – is responsible, you may have grounds to file a lawsuit.

These claims can supplement the benefits you receive from workers’ compensation by covering additional damages like pain and suffering, which are not included in workers’ comp benefits.

Contrasting Workers’ Compensation and Third-Party Liability Claims

Workers’ compensation helps cover medical bills, a portion of lost wages, and benefits for lasting injuries related to work. But it doesn’t provide compensation for non-economic losses like emotional distress or a reduced quality of life. That’s where a third-party liability claim can make a difference. When someone other than your employer is responsible for your injury, this type of claim allows you to seek additional compensation beyond what workers’ comp offers – often a crucial option for those facing serious, life-altering injuries.

Consider these differences:

No-Fault System: Workers’ comp does not require you to prove fault, whereas third-party claims do.
Damages Covered: Workers’ comp is limited to economic losses, while third-party claims can cover pain and suffering, full wage loss, and more.
Caps on Benefits: Workers’ comp benefits in New Jersey are capped and may not fully address your losses. A third-party claim can bridge that gap.

Scenarios Where Third-Party Liability May Apply

Not every workplace injury involves third-party liability, but certain scenarios make it possible. Below are examples that highlight unique circumstances:

Defective Equipment or Machinery

Imagine working at a warehouse in Newark where a forklift malfunctions due to a design flaw, causing a serious injury. In this case, the equipment manufacturer could be held liable for producing defective machinery. Similarly, if the issue stems from poor maintenance by an external repair company, they might share responsibility.

Negligent Subcontractors

Construction sites often involve multiple parties, including subcontractors. If a subcontractor at a job site in Jersey City fails to secure heavy materials properly and they fall, injuring another worker, the subcontractor could be held liable for negligence.

Unsafe Premises

If your job requires you to work off-site, such as delivering goods to a privately owned business in Princeton, and you are injured due to hazardous conditions on their property, you may be able to file a premises liability claim against the property owner.

Vehicle Accidents

If your job involves driving and you’re hit by another driver’s negligence while on the clock, you could pursue a personal injury claim against the at-fault driver. For example, a delivery driver injured in a crash caused by a distracted driver on the New Jersey Turnpike might be eligible for third-party compensation.

How to Determine if a Third-Party Claim Is Viable

Determining whether you have a valid third-party liability case requires a thorough investigation. An experienced workers’ comp lawyer can:

Review the circumstances of your accident.
Identify all potentially liable parties.
Collect evidence, such as accident reports, maintenance logs, and witness statements.
Work with experts to prove fault, such as engineers for defective equipment or accident reconstructionists for vehicle collisions.

Having strong legal guidance ensures that no avenue for compensation is overlooked.

Steps to Pursue a Third-Party Claim in New Jersey

If you believe a third party contributed to your injury, here are the steps to take:

Report Your Injury: Notify your employer immediately, as required under New Jersey workers’ comp laws.
File a Workers’ Comp Claim: Begin the process of securing benefits for medical treatment and wage replacement.
Consult a Workers’ Comp Lawyer: A lawyer can evaluate your case for third-party liability and advise on additional steps.
Gather Evidence: Document the scene, take photos, and preserve any physical evidence related to the injury.
File a Third-Party Lawsuit: If viable, your lawyer will initiate a lawsuit against the responsible third party to pursue additional compensation.

Challenges in Third-Party Liability Cases

Third-party claims are more complex than standard workers’ comp cases. Challenges include:

Proving Fault: Unlike workers’ comp, you must establish negligence or strict liability, which requires strong evidence.
Navigating Insurance: Dealing with multiple insurance companies – yours, your employer’s, and the third party’s – can be overwhelming without legal help.
Coordination of Benefits: Workers’ comp insurers may have a right to reimbursement from any third-party settlement or verdict, complicating the distribution of funds.

A skilled attorney can help you navigate these hurdles and pursue the full value of your claim.

Why You Need a Workers’ Comp Lawyer

Hiring a lawyer experienced in workers’ compensation and third-party claims is essential for several reasons:

Comprehensive Case Evaluation: Your lawyer will assess whether a third-party claim is possible and how it interacts with your workers’ comp benefits.
Enhancing Compensation: They will strive to help you maximize your compensation, including non-economic damages.
Legal Skill and Experience: Understanding the nuances of New Jersey law, including caps on workers’ comp benefits and third-party liability rules, requires deep legal knowledge and experience.
Reducing Stress: Handling legal and insurance matters while recovering from an injury is daunting. A lawyer takes that burden off your shoulders.

What Compensation Can You Seek in a Third-Party Claim?

When third-party negligence is involved, injured workers may be entitled to broader compensation. These damages often include:

Full wage replacement, beyond the caps set by workers’ comp.
Pain and suffering, reflecting the emotional toll of your injury.
Medical expenses not covered by workers’ comp, such as experimental treatments or long-term rehabilitation.
Loss of earning capacity if your injury prevents you from returning to your previous job.

Real-Life Inspired Example of Third-Party Liability

Consider a nurse who slips on a wet floor at a pharmaceutical facility and sustains an injury while attending a training session. Workers’ comp would cover her medical bills and partial wages, but she could also file a third-party claim against the property owner for failing to address the hazard. This approach ensures the nurse receives compensation for her full losses, including non-economic damages.

Were You Injured at Work and Want to Know if You Can File a Third Party Claim in New Jersey? Contact Bramnick Law for Experienced Legal Guidance

Navigating a workplace injury and its aftermath can be overwhelming, especially when third-party liability is involved. At Bramnick Law, we understand the unique challenges injured New Jersey workers face. Our experienced workers’ comp lawyers have a proven track record of securing full damages for our clients.

Contact us today at 866-845-5571 for a free consultation and let us evaluate your case. Don’t leave money on the table – explore your third-party liability options with confidence. Together, we’ll fight for the justice and financial recovery you’re seeking. We represent clients in Scotch Plains, Princeton, Newark, Pennington, and throughout New Jersey.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.