Third-Party Injury Claims: When Workers’ Compensation Isn’t Enough

After a workplace injury in New Jersey, most employees turn to the workers’ compensation system for medical care and lost wage benefits. While this system provides vital support, it has limitations—most notably, it doesn’t cover pain and suffering. But if your injury was caused by someone outside of your employer (a third party), you may be entitled to file a third-party personal injury claim to pursue additional compensation.

What Is a Third-Party Claim?

A third-party claim is a separate personal injury lawsuit filed against an individual or entity whose negligence contributed to your work-related injury. This claim exists outside the workers’ compensation system and allows you to recover full damages beyond the limited benefits provided by your employer’s insurance.

Common examples of third-party liability include:

  • A subcontractor on a construction site who failed to follow safety protocols
  • The manufacturer of a defective machine or tool that caused injury
  • A negligent driver who hit you while you were making work-related deliveries
  • A property owner who failed to maintain safe conditions at a job site

Third-party claims can be filed in addition to, not instead of, a workers’ compensation claim.

Benefits of Pursuing a Third-Party Claim

While workers’ compensation is limited to specific benefits, a third-party injury claim can offer broader financial relief. Potential compensation includes:

  • Full wage loss—not just partial reimbursement
  • Pain and suffering damages
  • Loss of enjoyment of life
  • Future medical expenses not covered by workers’ comp
  • Permanent disability or disfigurement compensation

If the third party acted recklessly or intentionally, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.

Why These Claims Are Complex

Third-party cases involve multiple legal and insurance issues. It’s critical to identify all responsible parties and determine how their negligence contributed to your injury. Moreover, if you win a third-party case, your employer’s insurance carrier may seek reimbursement (called a lien) for the benefits it paid. Skilled legal counsel is necessary to navigate these legal intersections and protect your net recovery.

How ASK LAW FIRM LLC Can Help

ASK Law Firm LLC specializes in workplace injury litigation, including complex third-party claims. With offices in Hackensack and Woodbridge, our attorneys serve clients across New Jersey who have been seriously injured while on the job due to another party’s negligence.

We work to:

  • Identify and investigate potential third-party defendants
  • Preserve critical evidence from the accident site
  • Coordinate with your workers’ comp case to avoid conflicting claims
  • Maximize the total compensation you receive from all sources

Our legal team has handled cases involving construction accidents, product liability, vehicle crashes, and property owner negligence—all tied to workplace injuries.

To find out if your case qualifies for a third-party claim, visit our third-party injury lawyer Middlesex County NJ page.

Act Quickly—Protect Your Rights

In New Jersey, there are strict time limits (statutes of limitations) for filing third-party personal injury lawsuits—generally two years from the date of injury. Evidence can be lost, and witnesses’ memories fade over time. Early legal action is key to building a strong case.

Contact ASK LAW FIRM LLC Today

We offer free consultations and work on a contingency basis—you don’t pay unless we win. Let our experienced attorneys review your case and help you pursue every available path to recovery.

  • Hackensack Office: 15 Warren St #20, Hackensack, NJ 07601
  • Woodbridge Office: 1460 US-9 Suite 301, Woodbridge, NJ 07095

ASK Law Firm LLC: Fighting for workers beyond the basics—because your recovery deserves more than just the minimum.

 

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