A Third Party case is a case against a third party. Ok, that wasn’t very helpful. Let us try again.
Third Party cases exist when an employee (The First Party) is injured in the course of their employment and have a negligence claim against another person or company (the Third Party) who is not their employer (the Second Party).
The term Third Party comes from the fact that the injured worker is the First Party; the injured worker’s employer is the Second Party and another person or company whose negligence caused the worker to be injured is the Third Party.
Many work injury cases do not have a viable Third Party case. In New Jersey, an employee cannot sue his employer or fellow employee for their negligence that caused a work accident. There are limited exceptions but the general rule bars an employee from suing his employee or a co-worker. A worker’s only remedy, in many cases, benefits available under the New Jersey Workers Compensation law.
An experienced attorney can assist you in determining whether there is a viable Third Party case against a negligent person or company. Call John M. Pinho at (973) 481-4364 for a free consultation to determine whether in addition to your workers’ compensation case you have a viable Third Party case.