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What to do when workplace accidents are caused by third parties

When workers are injured on the job, parties other than the employer or a co-worker are sometimes responsible for the accident. When this happens in New York, the injured workers may be entitled to pursue personal injury lawsuits apart from their workers' compensation benefits claims. This could allow victims of workplace accidents to recover more than just medical expenses and lost income.

An employee in a neighboring state recently filed a personal injury lawsuit against an independent contractor and two of his employees. He claims their negligence caused him to suffer multiple injuries. According to the complaint, the plaintiff was standing near a parking lot at his place of work when the contractor and his two employees caused a rubberized jet vac line that was tautly stretched to snap and strike his body and head.

The plaintiff claims the actions of the defendants that led to the breakage in the jet line were negligent. Furthermore, the plaintiff alleges vicarious liability by the contractor who allegedly subjected one of the two employees to a pre-employment drug test but hired the man before obtaining the test results -- which turned out to be positive. The plaintiff alleges that he suffered serious injuries that led to spinal surgery, along with many other consequences related to brain, eye and nerve damage.

The plaintiff's wife also filed a claim for loss of consortium. New York victims of workplace accidents that were caused by third parties may have many questions about how to go about filing workers' compensation claims and civil claims at the same time. The best way to approach this may be with the support and guidance of an experienced workers' compensation attorney who can explain the process and assist with the navigation of both proceedings.

Source:, "Sewage plant chief allegedly suffers spinal injuries in workplace accident, sues contractor and two of its employees", Nicholas Malfitano, Aug. 15, 2017

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