Queens Third-Party Claims Lawyer

Workers' compensation covers some of your losses after a job injury. But if someone other than your employer caused or contributed to your accident, you may have a second claim — one that workers' comp doesn't touch. At The Orlow Firm, our Queens third-party claims lawyers have helped injured workers in Flushing, Long Island City, Jamaica, and Astoria recover the full picture of what they're owed since 1982.

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Workers' compensation is your exclusive remedy against your employer. When you're hurt on the job, New York law generally prevents you from suing your employer or coworkers in civil court. Workers' comp takes the place of that lawsuit. But it only covers your employer's side of things.

A third-party claim is a personal injury lawsuit against someone other than your employer whose negligence caused or helped cause your injury. The third party could be a property owner, a general contractor, an equipment manufacturer, another driver, or a government agency. When a third party shares responsibility for your accident, you can pursue both claims at once — and the civil case gets you damages that workers' comp won't pay.

Queens workers have more reason than most to know about this. Our analysis of OSHA Severe Injury Report records shows Queens ranked second among all NYC boroughs for serious workplace injuries between 2015 and July 2025, with 284 reported incidents. Construction alone accounts for 33.5 percent of those — and construction sites are where third-party defendants appear most often.

Workers' Compensation vs. Third-Party Claims: What's the Difference?

The real difference between these two claims is what you can recover.

Workers' compensation is a no-fault system. You don't need to prove anyone did anything wrong — just that you were hurt at work. In return for this ease, your recovery is capped. Workers' comp pays roughly two-thirds of your average weekly wages (up to a state maximum), covers authorized medical treatment, and provides fixed benefits for certain permanent injuries. Pain and suffering, full lost wages, and loss of enjoyment of life are simply off the table.

A third-party claim is a fault-based personal injury lawsuit. You must show the third party was negligent — that they had a duty, broke it, and that their failure caused your injury. But if you succeed, there's no statutory cap on what you can recover. You can go after full lost wages, future lost earning capacity, and non-economic damages including pain and suffering, emotional distress, and loss of consortium.

New York follows pure comparative fault under CPLR § 1411. Even if you were partly at fault, you can still recover. Your award is reduced by your share of responsibility — a worker who is 25 percent at fault still gets 75 percent of their damages in a third-party case.

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When Does a Queens Worker Have a Third-Party Claim?

Whether you have a third-party claim depends on who — besides your employer — caused your injury. Several situations come up most often in Queens.

Construction Site Third-Party Claims

Construction is the most frequent source of third-party claims in Queens. Our analysis of OSHA records shows Long Island City alone recorded 30 construction severe injuries between 2015 and 2025 — the most of any Queens neighborhood — driven by the area's building boom. Flushing had 10, Astoria had eight.

On a construction site, your employer isn't always the only party responsible for safety. Property owners and general contractors can be held strictly liable under New York Labor Law § 240 for gravity-related injuries — falls from ladders, scaffolds, and elevated platforms. New York Labor Law § 241(6) holds owners and contractors liable when specific Industrial Code safety rules were violated. Labor Law § 200 applies when an owner or contractor had direct control over the work that caused the injury.

Subcontractors on the same job — different from your employer — can also be defendants if their negligence or their equipment caused your accident. Equipment manufacturers face liability under products liability law when a defective scaffold, ladder, crane, or power tool causes an injury.

Motor Vehicle Third-Party Claims

Delivery drivers, health care workers, and transportation employees who drive for work have a clear third-party claim when an at-fault driver causes a crash. The negligent driver — and potentially their employer — become the third-party defendants, separate from any workers' comp claim.

If road conditions or maintenance failures played a role and the City of New York or another government entity is responsible, you can name that entity as a defendant. Government claims have different rules: you must file a Notice of Claim within 90 days of the injury, and the lawsuit itself must start within one year and 90 days.

Defective Equipment and Products Liability

When a machine, tool, or piece of equipment fails because of a manufacturing defect, a design flaw, or missing warnings, the manufacturer, distributor, or seller can be held liable. This comes up often in Maspeth and Jamaica, where warehousing, manufacturing, and transportation operations carry some of the highest injury rates in the borough.

Premises Liability for Off-Site Workers

Maintenance workers, repair technicians, home health aides, and anyone else doing work on someone else's property may have a premises liability claim against that property owner if a dangerous condition caused the injury. This is distinct from Labor Law construction cases — it applies to the general duty any property owner has to keep their premises reasonably safe.

New York Law Governing Third-Party Claims (WCL § 29)

New York Workers' Compensation Law § 29 governs how workers' comp and third-party claims interact. A few key provisions protect your right to both.

You Don't Have to Choose

Under WCL § 29, an employee injured by someone other than their employer can collect workers' comp and pursue a third-party lawsuit at the same time. The law says an injured worker "need not elect" between these remedies. Some injured workers mistakenly believe that taking workers' comp means they can't sue a third party. They can.

The Workers' Compensation Lien

When you recover money in a third-party case, the workers' comp carrier that paid your benefits has a statutory lien — a right to reimbursement — from your recovery. The lien equals the total benefits paid, but it's calculated after deducting your attorney's fees and costs from the gross recovery. Attorneys can also negotiate lien reductions, which puts more money in your pocket.

The Consent Requirement

Before settling a third-party case for less than the total value of your workers' comp benefits, you must get written consent from your workers' comp carrier. Settling without that consent — or without a court-approved compromise order — can mean losing future workers' comp benefits. This catches injured workers off guard. It's one of the main reasons having a single firm handle both claims matters.

The Grave Injury Exception (WCL § 11)

New York law defines "grave injury" to include death, permanent total loss of use or amputation of an arm, leg, hand, or foot, loss of multiple fingers, paraplegia or quadriplegia, total and permanent blindness or deafness, loss of a nose or ear, permanent severe facial disfigurement, and acquired traumatic brain injury causing permanent total disability. When a worker suffers a grave injury, the third-party defendant may bring the employer into the litigation in certain situations. Whether a grave injury applies can significantly affect how a case is structured.

Deadlines

Third-party personal injury claims in New York have a three-year deadline from the date of injury under CPLR § 214(5). Claims against a government entity require a Notice of Claim within 90 days, with a lawsuit filed within one year and 90 days. Workers' comp has separate deadlines: report to your employer within 30 days, and file Form C-3 with the NY Workers' Compensation Board within two years.

Missing any of these deadlines can bar your claim permanently. Don't wait to call an attorney.

Who Can Be Sued in a Queens Third-Party Claim?

Identifying every potentially liable party is one of the first things an experienced attorney does. Parties that can be named as defendants include:

General Contractors and Construction Site Owners — The most common defendants in Queens construction third-party cases. Under NY Labor Law §§ 240 and 241(6), owners and general contractors face strict or near-strict liability for many on-site injuries.

Subcontractors — Another employer's subcontractor whose negligent work or employees caused your injury.

Equipment and Tool Manufacturers — Any company in the chain of sale for a defective product that caused your accident, from the original manufacturer to local distributors.

Property Owners (Non-Construction) — The owner of a property where you were working when an unsafe condition injured you.

At-Fault Drivers and Their Employers — When a third-party driver's negligence caused a work-related vehicle accident, both the driver and their employer may be liable.

The City of New York or Government Agencies — Negligent road maintenance, defective public property, or dangerous government-owned premises can all support claims against city agencies. Steven S. Orlow, our firm's founder, served as Counsel to the Queens County Executive and as an NYC Council Member-At-Large. He knows exactly what to expect when pursuing a claim against a city entity.

Chemical Manufacturers and Distributors — In occupational toxic exposure cases, the companies that produced or supplied the hazardous substance may be held responsible.

Construction site evidence — defective equipment, unsafe conditions — can be fixed or removed quickly. Our attorneys move fast to preserve what matters for your case.

What Compensation Can You Recover in a Third-Party Claim?

Third-party claims allow for a full range of damages that workers' comp simply doesn't cover.

Economic Damages

• Full lost wages — not the two-thirds cap workers' comp pays
• Future lost earnings and reduced earning capacity
• Medical expenses beyond what workers' comp authorizes
• Out-of-pocket costs tied to the injury and recovery

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (a spouse's separate claim for lost companionship)

Punitive Damages

In rare cases involving deliberate disregard for worker safety, punitive damages may be available to punish the responsible party and deter future conduct.

Our firm has achieved results for Queens workers in exactly these situations:

$3,375,000 — Construction worker fell 12 feet off a ladder; neck, back, elbow, and shoulder injuries requiring neck and back surgery.

$2,600,000 — HVAC laborer injured when a drop ceiling collapsed onto his head; back, knee, and shoulder injuries.

$2,474,000 — Undocumented worker electrocuted on scaffold, fell; back and knee surgeries.

$2,100,000 — Undocumented worker fell off scaffold; elbow and shoulder surgery.

$750,000 — Worker fell from a lift after being struck by a garbage truck; hip surgery.

Prior results do not guarantee a similar outcome.

In each of these cases, workers' comp covered immediate medical bills and part of lost wages. The third-party civil claim is what made the full recovery possible. Undocumented workers have the same right to pursue third-party claims as any other worker. Immigration status does not limit your right to compensation.

What to Do After a Workplace Injury That May Involve a Third Party

1. Get medical care and say the injury is work-related — Medical records that document the on-the-job nature of your injury support both your workers' comp claim and your third-party case.

2. Report to your employer within 30 days — New York workers' comp law requires notice to your employer within 30 days. The date, time, and circumstances you report create the official record.

3. Document the scene before it changes — Photograph the conditions, the defective equipment, and any hazardous areas. On construction sites, dangerous conditions get fixed quickly. Get photos and video right away.

4. Get witness information — Names and contact details of coworkers, other contractors, and bystanders who saw what happened. These accounts matter and fade over time.

5. Don't sign anything without legal advice — Third-party insurers sometimes approach injured workers before they've hired an attorney. Signing a release can permanently waive your rights.

6. File Form C-3 with the NY Workers' Compensation Board within two years — This formally starts your workers' comp claim.

7. Call a Queens third-party claims lawyer as soon as possible — The three-year deadline for third-party claims starts on your injury date. Early legal help lets your attorney investigate while evidence still exists, identify all defendants, and coordinate your workers' comp and civil claims without running into the lien and consent problems in WCL § 29.

Call The Orlow Firm at (646) 647-3398. Free consultations. We can come to you if you can't come to us.

Frequently Asked Questions About Third-Party Claims

Can I file a third-party lawsuit AND still receive workers' compensation?

Yes. Under New York Workers' Compensation Law § 29, you can collect workers' comp and pursue a third-party civil lawsuit at the same time. You don't have to pick one. If you recover money in the third-party case, your workers' comp carrier can recoup some of what it paid — but an attorney can often reduce that lien amount significantly.

What damages can I recover in a third-party claim that I can't get from workers' comp?

Third-party claims cover pain and suffering, emotional distress, full lost wages (not the two-thirds cap workers' comp pays), future lost earning capacity, and loss of enjoyment of life. Workers' comp pays nothing for non-economic harm. For workers with serious injuries, this distinction often determines whether the recovery truly reflects what was lost.

Do I have to pay back workers' comp if I win a third-party lawsuit?

Your workers' comp carrier has a statutory lien under WCL § 29 on your third-party recovery, equal to the benefits paid — after deducting attorney's fees and costs. An attorney can often negotiate a reduction in the lien amount. Most workers walk away with significantly more through a combined recovery than through workers' comp alone.

What is the deadline to file a third-party claim in New York?

Most third-party workplace injury claims must be filed within three years of the injury date under CPLR § 214(5). If a government entity — such as the City of New York — is a defendant, you must file a Notice of Claim within 90 days and start the lawsuit within one year and 90 days. Missing either deadline can permanently bar your claim.

Can I lose my workers' comp benefits by settling the third-party case without permission?

Yes. WCL § 29 requires written consent from your workers' comp carrier before you settle a third-party case for less than the total value of your workers' comp benefits. Settling without that consent — or a court-approved order — can mean losing future benefits. This is one of the most consequential rules in workers' comp law. Coordinated legal help protects you from it.

What if I was partly at fault for my own workplace injury?

New York follows pure comparative fault under CPLR § 1411. Even if you were partially responsible, you can still recover in a third-party claim. Your damages are reduced by your percentage of fault. A worker found 30 percent at fault still recovers 70 percent of their damages. Workers' comp already pays regardless of fault — comparative fault only affects the civil claim.

Can undocumented workers file third-party claims in New York?

Yes. Immigration status does not affect your right to pursue a third-party personal injury claim in New York. Undocumented workers are entitled to the same compensation as any other injured person. The Orlow Firm has represented undocumented workers in construction and workplace accident cases and achieved results exceeding $2 million. All consultations are confidential.

Contact a Queens Third-Party Claims Lawyer Today

If you were hurt at work and someone other than your employer may share responsibility, act now. Evidence disappears. Deadlines run. The workers' comp carrier's interests and yours don't always line up.

The Orlow Firm has represented injured Queens workers since 1982. Steven S. Orlow, our founding partner and Cornell Law graduate, is a former NYC Council Member-At-Large and former Counsel to the Queens County Executive — he brings that background to every case involving city entities and government defendants. Adam Moses Orlow, former President of the Queens County Bar Association (2022–2023), leads our personal injury practice with ties to the Queens legal community that go back decades.

We handle both your workers' comp claim and your third-party civil case in-house. You won't be referred elsewhere or handed off to a junior associate. You work directly with a partner.

Call (646) 647-3398 for a free consultation. No fee unless we win. Se Habla Español. Four NYC office locations, including our main office at 71-18 Main Street, Queens, NY 11367. We can come to you.

Sources & Official Resources

New York Laws Cited

1. Workers' Compensation Law § 29 — Remedies of Employees; Subrogation
2. Workers' Compensation Law § 11 — Alternative Remedy / Grave Injury Definition
3. Workers' Compensation Law § 18 — Notice of Injury or Death (30-day notice to employer)
4. CPLR § 214 — Actions to Be Commenced Within Three Years (Personal Injury)
5. CPLR § 1411 — Damages Recoverable When Contributory Negligence or Assumption of Risk Established
6. General Municipal Law § 50-e — Notice of Claim
7. Labor Law § 240 — Scaffolding and Other Devices for Use of Employees
8. Labor Law § 241 — Construction, Excavation, and Demolition Work

Official Resources

9. NY Workers' Compensation Board — File a Claim (Form C-3)

Data Methodology

Borough and neighborhood breakdowns for workplace injury statistics were calculated by The Orlow Firm's research team from publicly available federal OSHA records. OSHA Severe Injury Report (SIR) data (January 2015 – July 2025) and OSHA Injury Tracking Application (Form 300A) data for 2023–2024 are published at the address and establishment level. We aggregated these records by Queens zip codes to produce the Queens-specific figures cited on this page, as OSHA does not publish pre-calculated borough-level breakdowns.