What Is a Third-Party Work Injury Claim?


It is an unfortunate truth that work injuries commonly occur in the state of New Jersey. What’s worse is that such accidents in the workplace are completely preventable if only the proper safety procedure were in place. If you find yourself in this situation, continue reading to learn if you are eligible to file a third-party claim or otherwise and how an experienced Morris County work injury attorney of Lutz Injury Law can stand by your side every step of the way.

What are the common types of workplace accidents in the state of New Jersey?

Notably, workplace accidents can even occur in a seemingly-safe working environment. Common workplaces where accidents occur in an office, on a construction site, and in a retail setting. In addition, below are common types of accidents that occur in the state of New Jersey:

  • Slip and falls or trip and falls.
  • Injuries due to muscle strains.
  • Injuries due to falling objects.
  • Injuries due to repetitive motion.
  • Crashes or collisions.
  • Inhalation of toxic fumes.
  • Exposure to loud noises.

How is a third-party work injury claim defined?

It is typically assumed that if you are seriously injured on the job, you are entitled to file a workers’ compensation claim. However, the circumstances of your accident may make this a different case.

That is, you may instead need to file a third-party work injury claim. This claim is applicable if your accident was not caused by your employer, but by the negligence of a third party. Common examples of third parties that can be responsible include, but are not limited to, the following:

  • A subcontractor.
  • An equipment manufacturer.
  • A designer.

What types of damages can I recover in my third-party work injury claim?

When taking legal action against the negligent third party, you may be able to recover economic and non-economic damages that include, but are not limited to, the following:

  • Economic damages:
    • Current and future medical bills.
    • Current and future lost wages.
    • Current and future legal fees.
  • Non-economic damages:
    • Pain and suffering.
    • Emotional distress.
    • Diminished quality of life.

It is important to note that if you bring forward a third-party claim after filing a workers’ compensation claim, you may be responsible for the reimbursement to your employer and their insurance company for the support they offered you in the meantime. Additionally, the insurance company may issue a lien towards your future compensation to recover the money they spent on your medical bills, lost wages, etc.

As this process can get complicated, it is best that you pick up the phone and consult with a skilled Morris County personal injury attorney as soon as you possibly can.


If you have been the victim of the negligence of another in an accident, please contact a qualified New Jersey personal injury attorney at Lutz Injury Law as quickly as possible following the subject accident.

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