Workers’ compensation laws are in place so that people injured on the job can get quickly reimbursed for their medical expenses and lost wages, without having to prove who was at fault. In most cases, the employer’s workers' comp insurance will be the sole source of financial recovery for the injured worker. In fact, employees generally cannot sue their employers directly for negligence. However, there may be circumstances in which another party shares legal responsibility for the accident and resulting injury. That third party can be sued for the measure of damages they have caused.

Here are some common scenarios in which an injured worker’s third-party lawsuit might be possible:

• Product liability — A construction worker might suffer a serious injury due to a malfunctioning power tool or other defective equipment. If this resulted from a design flaw, faulty manufacturing or improper assembly, the injured worker could potentially recover damages from the designer, the manufacturer, the assembler or even the seller of the equipment.

• Contractor liability — Construction sites involve multiple workers employed by different contractors and subcontractors. An electrician might be injured because of negligence on the part of a concrete worker or vice versa. The driver of a delivery vehicle may cause an accident that hurts other workers on the site. An injured victim can bring suit against the subcontractor whose employee was responsible. Also, the general contractor who oversees the entire project can be sued for breaching its duty to ensure a safe environment for all workers on the site.

• Premises liability — Every property owner and occupier has a legal obligation to maintain a reasonably safe environment. If a worker on the property is injured due to a failure to uphold this duty, such as a leaky roof leading to a slip and fall accident, the owner or occupier of the property may be sued.

• Motor vehicle accidents — Some jobs require employees to travel for work, such as in the case of delivery personnel. A person injured in a car accident during the course of employment can sue another driver who was allegedly at fault. In addition, the truck’s owner or maintenance provider can be sued if the accident was due in part to a mechanical defect.

A major distinction between third-party litigation and workers' compensation is that the latter covers only medical expenses, a portion of lost wages and disability benefits. A successful third-party lawsuit can recover more extensive damages, including pain and suffering, emotional distress and loss of enjoyment of life. On the other hand, recovering damages requires the injured worker to prove the third party was principally at fault. A workers’ compensation attorney experienced in third-party lawsuits is essential in asserting such claims effectively.

Brown, Novick & McKinley Attorneys at Law in Woodbury represents New Jersey victims of job-related injuries or illnesses in workers’ compensation actions and third-party claims. Please call 866-942-4909 or contact us online to set up a free initial consultation.