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How does third-party liability work in NJ workers’ comp claims?

On Behalf of | Nov 28, 2022 | Workers' Compensation

Employees who suffer job-related injuries in New Jersey have the right to file for workers’ compensation. However, sometimes, a person can become injured due to a third party. In that situation, third-party liability would apply.

Understanding third-party liability in workers’ comp claims

A third-party liability claim can provide extra compensation for workers who suffer injuries while on the job. While traditional workers’ comp covers damages like medical expenses and lost wages, third-party liability can pick up the costs of other damages. It applies when a worker suffers injuries due to product liability or premises liability. For example, an employee has to go to a specific building to conduct business and suffers a slip and fall accident because of a wet floor with no warnings posted. Because they were on the job, they could file a workers’ compensation claim, but a third-party liability claim would also be necessary due to the injury occurring at a separate property.

Third parties that might be liable

Depending on the circumstances of a worker’s job-related injury, different third parties may be liable for the damages they incur. Those include property site owners, equipment, machinery or vehicle manufacturers, designers, marketers, distributors or engineers and drivers of vehicles that cause accidents.

Construction workers commonly suffer injuries as a result of using dangerous or defective equipment or unsafe conditions at their worksites. Often, those situations call for third-party liability claims to cover the costs of damages stemming from such negligence.

Third-party liability claims can cover whatever costs don’t come from a workers’ comp claim. It can supplement the costs of past and future medical treatment, rehabilitation, loss of earning capacity, pain and suffering and even loss of consortium.

An on-the-job injury can be devastating, but if your accident occurred due to a third party’s negligence, a third-party liability claim might be necessary.