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What happens if workplace accidents are caused by third parties?

New York employees are no doubt aware of the insurance coverage their employers must carry to provide financial relief for those who suffer injuries in on-the-job accidents. However, what happens when workplace accidents result from the negligence of third parties? If this happens to you, you will likely not be allowed to sue your employer -- except if the company was grossly negligent -- but it will not affect your right to workers' compensation benefits. Nevertheless, if a party that is not associated with your employer is responsible for the injury, there may be grounds for a third-party personal injury claim.

You can pursue a separate civil lawsuit for personal injury at the same time as a filing a benefits claim with the workers' compensation insurance program. A civil lawsuit may provide additional compensation that is not typically covered by insurance, such as pain and suffering and loss of consortium. Any workers' comp benefits you receive will have to be repaid from a monetary award if your civil suit is successful. This is a complicated field of law, and the help of a knowledgeable attorney may ease the process.

Third-party claims can involve different areas of the personal injury spectrum. Property owners could be held liable for slip-and-fall accidents, and subcontractors who put up scaffolds that collapse may be sued for personal injury. Company drivers that are involved in accidents that were caused by negligent drivers who were not affiliated with the victim's employer can also seek recovery for personal injury damages, and equipment failures may be grounds for product liability claims.

Not all personal injury attorneys are knowledgeable about the intricacies of the workers' compensation insurance system. The experienced lawyers at Dennis Kenny Law in New York City often take the roles of co-counsel for attorneys in work-related lawsuits against third parties. Any victims of workplace accidents in New York State who have questions about the viability of third-party claims can get answers from Dennis Kenny who could also arrange for consultations with attorneys in personal injury practices.

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