What is Third Party Liability in a Workers Compensation Lawsuit?

Posted April 1st, 2016 by .

Categories: Personal Injury, Workers Compensation.

third party liability workers comp anthony carboneNot all workplace injuries are a result of something you or your co-workers did. Many times, there is a third party responsible for your injuries. When you are injured while on the job by a third party, what happens next?

For instance, let’s say you are flower delivery person. While driving the company van to deliver a bouquet to a client, you get into an auto accident with a distracted driver. The accident caused severe injuries and left you partially paralyzed in your right arm. Since you were on the job at the time, you can collect workers compensation for your injuries. But what about the driver of the other car? Can you sue him?

In this case, yes you can. Your workers compensation claim will cover your medical benefits and you will receive partial wages. But you also have a personal injury lawsuit on your hands. You can sue the driver for any pain and suffering, full lost wages, any out-of-pocket expenses, as well as medical bills.

But remember, according to the New Jersey third party liability laws, if you do receive money from your personal injury claim, you are required to reimburse the workers compensation benefits. You will be able to keep the remaining money, such as pain and suffering and punitive damages, but whatever is covered under workers comp, you’ll be expected to pay back.

If you have a third party liability lawsuit on your hands, you’re  going to need an experienced personal injury lawyer to guide you through the process. Contact the Law Offices of Anthony Carbone today for a free consultation.

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