When a person is hurt at work or while working (in the course of employment), New York State law allows them to claim Worker's Compensation benefits.
In particular cases, in addition to a worker's compensation claim, a person may also be able to bring a "third-party" claim against someone other than their employer if he or she is injured as a result of someone else's negligence.
For instance, a landowner may be a "third-party" that may be responsible for injuries you sustained at work. If a landowner maintains an unsafe workplace which contributes to or causes an accident, that landowner may be held liable for injuries suffered as a result.
In some cases, usually involving a ladder or scaffold, landowners may also be liable for an accident even if they were not directly involved with the work taking place, for failing to provide a safe work place or in failing to ensure safty devices were being used.
Another example of a responsible third party is the manufacturer of a machine or tool which is used in the course of the job. If that machine or tool were defective in some way, and that defect caused an injury, the injured party may be able to pursue a "products liability" claim.
Other examples of possible responsible third parties include general contractors and subcontractors working at a job site, construction managers and construction engineers.
Do you have any questions? Please don't hesitate to contact Avanzino & Moreno, P.C.
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