Workers’ Compensation benefits are in most instances the injured worker’s exclusive remedy against the employer or a co-worker.
However, if your injury was caused by the fault of a third party then you can sue the responsible party for the full measure of your damages including lost wages, reduction of earning capacity, pain and suffering, and medical and other related bills and expenses.
Third parties are frequently liable in construction and motor vehicle accidents or when a defective product caused the injury.
Because the Workers’ Comp. insurance company has a lien for any compensation benefits you have received, third party lawsuits should be considered only when you have a serious injury. If you are seriously injured on the job, consult an attorney for your Workers’ Comp. case and a potential third party lawsuit.
We would be happy to meet with you and discuss your case.
Thanks for reading,
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529