WORKERS' COMPENSATION

New Jersey Third-Party Claims Attorney

After a workplace accident, many injured workers are surprised to learn that someone outside their employer may also be responsible for their injuries. But figuring out if you have a third-party claim isn’t always easy, and missing that chance could mean missing important compensation.

You deserve answers—and a path forward—without added stress. Our team of New Jersey third-party claims attorneys have extensive experience handling complex workers’ compensation claims, and we are ready to help you seek the compensation you deserve.

Call (609) 520-0900 or contact us online to schedule a free consultation.

How Pellettieri Rabstein & Altman Can Help With Third-Party Claims in New Jersey

How Pellettieri Rabstein & Altman Helps Injured Workers Navigate Third-Party Claims in New Jersey

While workers’ compensation provides essential benefits for medical expenses and lost wages, it doesn’t always cover the full extent of an injured worker’s losses—especially pain and suffering. That’s why pursuing a third party claim, when another party’s negligence is involved, can be critical.

The award-winning New Jersey attorneys at Pellettieri Rabstein & Altman has decades of experience helping injured workers understand and pursue these claims effectively. Here’s how our award-winning third-party claims lawyers can help:

Identifying Third Party Liability: We thoroughly investigate the circumstances of the workplace accident to determine if a third party—such as a subcontractor, manufacturer, or property owner—may be legally responsible. This step is crucial in uncovering additional sources of compensation beyond workers’ compensation.

Coordinating with Workers’ Compensation Benefits: We ensure your third party claim does not interfere with your workers’ compensation benefits. Our team handles the complex coordination of liens and subrogation issues to protect your net recovery.

Building a Strong Liability Case: Our attorneys gather evidence, consult with experts, and build a compelling case to prove the third party’s negligence. We understand how to frame these cases to maximize compensation for injuries, lost income, and pain and suffering.

Maximizing Total Compensation: Workers’ compensation typically does not account for non-economic damages like emotional distress. By pursuing a third party lawsuit, we aim to recover the full value of your injury, including damages not covered by workers’ comp.

Negotiating and Litigating When Necessary: Our firm is known for tough negotiation and skilled trial advocacy. Whether through settlement or courtroom litigation, we fight to secure the best outcome possible for our clients.

Providing Ongoing Legal Guidance: From the moment you contact us, we provide clear guidance on your rights and options. We remain accessible and proactive throughout your case, so you’re never left guessing about your next steps.

Our Workers’ Compensation Attorneys

Managing Partner

Gary E. Adams

Workers’ Compensation, Employment & Labor, Personal Injury

Biography & contact information

Jeffrey S. Monaghan

Workers' Compensation

Biography & contact information

Roberto J. Benites

Workers' Compensation

Biography & contact information

From our clients

I came to PRA with my workmen compensation case . Gary Adams represented me . Gary was recommended to me by a friend and I in turn recommended Gary to another friend. Gary and his paralegal Jennifer are very good with communication and keeping me well informed in regards to my case : answering emails & returning my calls . I have and I will continue to recommend Gary and his staff to my friends .

My experience with Pellettien Rabstein & Altman was a great one! Every step of the way they were there with me, they made sure I got the justice I deserved. Whenever I called there was someone to answer the questions I had, the receptionist and secretary were friendly and very polite. Anytime, any day, I will recommend Counselor Gary Adams to represent any of my family or friends.

I have dealt with this firm for over 7 years on a very complicated Workmans Compensation case.
I have dealt with a myriad of legal firms throughout the country for over 30 years in my positions of CEO. And this firm is by far, the best firm I have ever dealt with.

My attorney at Pellettieri Rabstein & Altman was amazing and I can’t thank the firm enough for their insights and assistance! I would highly recommend them!

It was a very long and arduous time (13 years to bring this before a Judge). Living out of state made it particularly hard. Attorney Monaghan of Pellettieri Rabstein & Altman in New Jersey was diligent in helping through the morass of a very difficult workers’ comp claim resultant from an assault on a flight over international waters. I am permanently disabled from this assault and appreciate PR&A’s help.

Pellettieri Rabstein & Altman has very knowledgeable attorneys who are responsive and professional. Jeff Monaghan is an excellent example of this.

Pellettieri Rabstein & Altman listened to my needs and helped me get a larger settlement than I expected. They were very attentive and kind.

Pellettieri Rabstein & Altman is an outstanding firm.

How Third Party Claims Work Alongside Workers’ Comp Benefits

In New Jersey, if you’re injured at work due to someone else’s negligence—like a subcontractor or equipment manufacturer—you can pursue both a workers’ compensation claim and a third-party lawsuit simultaneously. While workers’ compensation covers medical bills and lost wages, a third-party claim can provide additional compensation for pain, suffering, and other damages.

However, under N.J.S.A. 34:15-40, your employer’s workers’ compensation insurer may have a lien on any recovery from the third-party lawsuit. This means they can seek reimbursement for the benefits they’ve paid you. The amount they can recover is reduced by your legal expenses and attorney’s fees, ensuring you don’t pay twice for the same injury.

Navigating both claims can be complex, but it’s essential to maximize your compensation. An experienced attorney can help coordinate these claims, protect your rights, and ensure all legal requirements are met.

Common Examples of Third Party Liability

Not every workplace injury is just the fault of your employer. Sometimes, another person or company plays a part. Here are a few common situations where a third party might be responsible:

Defective Products

If a machine or tool was unsafe because of a defect, you may have a claim against the manufacturer. Workers injured by faulty equipment often have the right to seek compensation beyond workers’ compensation.

Motor Vehicle Accidents

If you’re hit by another driver while working—whether you’re making deliveries or driving between job sites—you might be able to file a claim against the at-fault driver, not just rely on workers’ compensation.

Premises Liability

If you get hurt while working at a client’s business or another property they control, you could have a claim against the property owner for unsafe conditions that caused your injury.

Construction Site Accidents

Construction zones often involve many different companies. If a contractor, subcontractor, or supplier’s negligence leads to your injury, you might be able to file a third-party claim against them for additional damages.

What Damages Can You Recover in a Third Party Lawsuit?

In a third-party lawsuit stemming from a workplace injury, you can pursue payments beyond what workers’ compensation provides. This includes both economic and non-economic damages:

Economic Damages

These are tangible financial losses directly resulting from your injury, such as:

Medical Expenses: Costs for treatment, surgeries, medications, and rehabilitation.
Lost Wages: Income lost due to time off work during recovery.
Future Earnings: Projected income loss if the injury affects your ability to work long-term.
Out-of-Pocket Costs: Expenses for transportation, home modifications, or assistive devices.

Non-Economic Damages

These compensate for intangible losses, including:

Pain and Suffering: Physical discomfort and emotional distress caused by the injury.
Loss of Consortium: Impact on relationships with family members due to the injury.
Disfigurement or Disability: Permanent changes to appearance or bodily functions.
Emotional Distress: Mental anguish resulting from the injury and its aftermath.

Pursuing both economic and non-economic damages in a third-party lawsuit allows you to seek comprehensive compensation for all aspects of your injury.

Who Might Be Liable in a Third Party Claim?

In addition to your employer, several other parties might be responsible for your workplace injury. Identifying these third parties is crucial for pursuing additional compensation beyond workers’ compensation benefits. Here are some common examples:

Subcontractors

If a subcontractor’s negligence—such as improper equipment use or failure to follow safety protocols—caused your injury, they may be held liable. This is common in construction accidents where multiple parties are involved.

Product Manufacturers

Defective machinery or tools can lead to serious injuries. Manufacturers may be liable if their products are defectively designed, manufactured, or marketed, leading to workplace accidents.

Property Owners

If your injury occurred on a property owned by someone other than your employer—like a client or contractor’s site—they may be responsible. This includes slip-and-fall accidents or unsafe working conditions.

Drivers (in work-related vehicle accidents)

If you’re injured in a vehicle accident while performing work duties and another driver is at fault, you can file a third-party claim against the negligent driver. This applies to accidents involving company vehicles or personal vehicles used for work purposes.

Proving Fault in a Third Party Case

Unlike workers’ compensation, which doesn’t require proving fault, third-party claims necessitate demonstrating that another party’s negligence directly caused your injury. Here’s how that process typically unfolds:

Establishing Negligence

To succeed in a third-party claim, you must show that the other party owed you a duty of care, breached that duty, and caused your injury as a result. This involves proving that their actions or inactions directly led to your harm.

Gathering Evidence

Building a strong case requires collecting various forms of evidence, such as accident reports, witness statements, photographs, and expert testimonies. This documentation helps establish the third party’s liability and the extent of your damages.

Legal Guidance

Navigating the complexities of third-party claims can be challenging. An experienced attorney can help gather necessary evidence, identify liable parties, and advocate on your behalf to secure the compensation you deserve.

Our Victories

$185K

$185,000 (Partial Settlement) to Electrician for Asbestos-related Cancer

When a union electrician was diagnosed with a type of cancer related to asbestos exposure, our attorneys were able to prove he had, in fact, been exposed at his job sites to sufficient amounts of asbestos to contribute to the cancer.

Workers’ Compensation Medical and Disability Benefits for Life from Mesothelioma Exposure at Out-of-Business Employer

A union electrician employed by an electrical contractor from 1952 through 1980, developed malignant mesothelioma, which is a rare form of cancer frequently associated with asbestos exposure. Our attorneys filed a workers’ compensation claim, but faced the challenge that our client’s employer had gone out of business several years earlier.

Retail Department Store Employee Covered for Degenerative Knee Condition

After years of standing on her feet serving customers, our client’s knees gave out – one and then the other – and the doctor recommended knee replacement surgery to alleviate the pain.

Salesman Between Appointments Covered By Workers’ Compensation for Auto Accident Injuries

While driving between client appointments, a salesman suffered injuries in an auto accident that landed him in the hospital and led to several procedures and physical therapy. While the damage to his car was covered by his auto insurance, the primary coverage for his injuries were paid by his employer’s workers’ compensation insurance.

Work-at-Home “Telecommuter” Recovers on Auto Accident

Although her primary workplace was at home, our lawyers made the case that our client was traveling on business and that she was not commuting; therefore, our client’s auto injuries were covered under workers’ compensation law.

Benefits Recovered for Dust, Dirt, Fumes at Work That Caused Chronic Bronchitis

Breathing in excessive dust, dirt and fumes – especially those that can be toxic to the lungs – over a period of years can cause chronic bronchitis and emphysema. Now retired and suffering from chronic bronchitis, and prodded by his wife, our client asked his doctor whether his work environment could have caused his condition.

Benefits Recovered for Repetitive Motion Carpal Tunnel Syndrome in Office Worker

When our client was diagnosed with carpal tunnel syndrome, she was not aware that the repetitive motion of keyboarding on her computer at the office every day over a period of years could be the cause – and that she had the right to workers’ compensation benefits – until a friend convinced her to contact us.

$75K

$75,000 to Technician for Grease Burn Injury

Burns often leave emotional, as well as physical scars. When burning grease splashed our client, a fire safety technician, our workers’ compensation lawyers won benefits for him.

Carpenter Hired by Friends for Renovation Covered by Workers’ Compensation

When friends hired a master carpenter to renovate their historic home and make various other improvements to their property, and he was seriously injured from a fall, the insurance company said that he was an independent contractor and refused to cover him as an employee.

$250K

$250,000 for Widow in Workers’ Compensation Case

The widow of a delivery driver for a local company was awarded $250,000 in widow’s benefits in a Workers’ Compensation case.

Frequently Asked Questions

What Is a Third-Party Claim in a Workers’ Compensation Case?

A third-party claim is a separate lawsuit you can file against someone other than your employer who caused your work-related injury. While workers’ compensation covers basic benefits, a third-party claim lets you seek additional damages, like pain and suffering, from the responsible person, company, or manufacturer.

When Can You File a Third Party Claim in New Jersey?

If you were hurt at work because of someone who doesn’t work for your employer—like a contractor, a property owner, or a driver—you might have a third-party claim. This kind of claim lets you recover more than just workers’ compensation benefits. It’s often filed after accidents involving unsafe job sites, faulty equipment, or work-related car crashes. Keep in mind, there are time limits, so it’s smart to act quickly.

Why File a Third Party Claim in Addition to Workers’ Compensation?

Workers’ compensation covers medical bills and partial wages, but it doesn’t account for pain, suffering, or full lost income. A third-party claim lets you seek additional compensation from someone else—like a driver or equipment maker—who contributed to your injury. It’s a way to recover more of what you’ve lost.

Free Consultation at Contact Pellettieri Rabstein & Altman

Contact Pellettieri Rabstein & Altman for a Free Consultation

If you’ve been injured at work or are dealing with the complexities of a third-party claim, you deserve expert legal guidance. At Pellettieri Rabstein & Altman, our experienced attorneys are dedicated to helping you navigate the legal system and secure the compensation you deserve.

We offer a free, no-obligation consultation to discuss your case and explore your options. Don’t face this challenging time alone—let us be your advocate.

Call (609) 520-0900 or request a free consultation online.

If you are suffering from a long-term or permanent disability after sustaining a workplace injury or occupational illness in New Jersey, you may be entitled to benefits to help you financially while you heal. The knowledgeable workers’ compensation disability attorneys at Pellettieri Rabstein & Altman can guide you every step of the way as you demand the benefits you are owed.

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

Pellettieri Rabstein and Altman has a 100 year long history of representing workers and union members.

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