South Jersey is built on the backs of hard work. From the sprawling logistics warehouses operated by major retailers near the New Jersey Turnpike to the constant commercial development changing the skylines of towns like Atlantic City and Cherry Hill, our region relies on construction and warehouse workers.
If you work in these industries, you already know the risks. You accept that the environment is fast-paced, heavy machinery is moving constantly, and physical demands are high. You do your job, and you expect that if something goes wrong, the system will take care of you.
Unfortunately, the reality of getting injured on the job often looks very different from what workers expect. When a serious accident happens on a construction site or warehouse floor, most injured workers immediately turn to the New Jersey Workers’ Compensation system. It is the logical first step. Even so, many workers quickly discover that Workers’ Comp can provide medical treatment and partial wage replacement, but it does not cover every category of loss an injured worker may experience, often leaving families struggling to make ends meet.
What many injured workers don’t realize is that they may have options beyond that basic safety net.
If your injury was caused or contributed to by someone other than your employer (or another entity legally treated as your employer), you may have the right to file a third-party liability claim. This can be a crucial legal avenue that may expand the compensation available, including damages that Workers’ Comp does not cover.
At Lipari & Deiter, we often speak with injured South Jersey workers who feel trapped by the limitations of Workers’ Compensation. We want you to understand that if negligence played a role in your accident, you might not be stuck with just the basics.
Understanding the Workers’ Comp Trap
To understand why third-party claims are so valuable, you first need to understand the limitations of the standard system. In New Jersey, Workers’ Compensation is generally the exclusive remedy against your employer for job-related injuries. That means most workers cannot sue their employer for negligence, with limited exceptions, including certain claims involving an employer’s intentional wrong (a narrow exception under New Jersey law).
The benefit of the system is that it is no-fault: you typically do not have to prove your employer did anything wrong to receive medical treatment and wage benefits. The trade-off is that Workers’ Comp generally does not pay for pain and suffering or other non-economic losses.
For some injuries, this system may provide meaningful help. But for catastrophic injuries involving surgery, months of rehabilitation, or permanent disability, Workers’ Compensation may not be enough. This is where it becomes important to evaluate whether a third party may share responsibility. That’s where a third-party claim can come into play.
The Game Changer: What Is a Third-Party Liability Claim?
A third-party liability claim is a personal injury lawsuit filed against a person or company other than your employer. It is based on the negligence of that outside individual or entity, which may have caused or contributed to your injury. Unlike Workers’ Compensation, a New Jersey third-party personal injury claim requires proof of fault. The claim must show that someone else had a duty to act with reasonable care, failed in that duty, and caused your injury.
If negligence can be proven, the types of compensation available can change significantly. In a third-party lawsuit, damages are not limited to Workers’ Comp benefit schedules and may include losses recognized in a personal injury claim, including:
- Lost income and earning capacity: In a third-party case, you may be able to pursue past and future lost income (including diminished earning capacity), beyond Workers’ Comp wage benefits.
- Pain and suffering: Third-party injury claims can provide compensation for the physical pain of the injury and recovery.
- Emotional distress: You may also pursue compensation for the mental and emotional impact of a serious accident in a third-party claim.
- Loss of consortium: A third-party lawsuit may also allow for compensation for the impact a serious injury can have on a marital relationship or other legally recognized spousal relationship under New Jersey law.
Identifying a viable third-party claim can expand the categories of damages available and may increase the overall recovery compared to Workers’ Comp alone.
Identifying Third Parties in Warehouses and Construction Zones
Construction sites and busy warehouses are complex environments with many moving parts and different companies operating side-by-side. This complexity often means that when an accident happens, there may be multiple parties whose conduct should be evaluated outside of your direct employer.
Here are common scenarios where our injury attorneys in Atlantic City and the surrounding region identify third-party liability:
General Contractors and Subcontractors
Construction sites are rarely run by a single company. If you work for a plumber, and a framing subcontractor left debris in a walkway that causes you to fall, that subcontractor is a third party. If the general contractor exercised sufficient control over the worksite or had specific safety responsibilities, they could potentially be held liable. You can collect Workers’ Comp from your plumbing employer and simultaneously pursue a claim against the subcontractor if their negligence contributed to the fall.
Defective Machinery and Products
Whether it is a nail gun on a building site or a forklift in a distribution center, workers rely on heavy equipment. If a tool or machine fails because of a defect in how it was designed, manufactured, or labeled, the company that made it (and sometimes other companies involved in selling or supplying it) may be legally responsible. This type of case is known as a product liability claim, and it is one form of third-party lawsuit.
Negligent Property Owners
Sometimes the danger is inherent to the property itself. Depending on the lease terms and who owned or controlled the area where the accident occurred, a property owner or landlord may be liable if they knew or should have known about a dangerous condition and failed to take reasonable steps to address it.
Outside Maintenance and Vendor Crews
In warehouse injury cases, we often investigate outside vendors. Many warehouses hire third-party companies to maintain conveyor belts, service forklifts, or manage overnight cleaning. If an outside maintenance crew fails to properly service a machine that later injures you, that maintenance company is a viable target for a lawsuit.
One important note: If you recover money from a third party, the Workers’ Comp insurer may have a statutory right to reimbursement for certain benefits paid, subject to New Jersey’s lien and fee-sharing rules. Handling both claims together can help protect your net recovery.
A Practical Look at Why Early Investigation Matters
After a serious jobsite accident, what happens in the days and weeks that follow can matter just as much as the injury itself. Construction sites and warehouse operations are constantly changing environments. Equipment is repaired or replaced, work areas are cleaned, and workers move on to new projects. As time passes, key details can disappear.
In potential third-party claims, responsibility often depends on facts that are not immediately obvious. Determining who owned a piece of equipment, who was responsible for maintaining it, or which company controlled a particular area of a jobsite requires a careful review of contracts, maintenance records, safety logs, and witness statements. This kind of investigation goes well beyond what is typically involved in a Workers’ Compensation claim.
Acting early can help preserve important evidence, such as surveillance footage, incident reports, and the condition of machinery or work surfaces. It also allows witnesses to be interviewed while events are still fresh in their minds. These steps can make a meaningful difference in determining whether a third party’s negligence contributed to the accident and whether additional compensation may be available under New Jersey law.
Understanding these issues early gives injured workers clearer insight into their legal options and helps ensure that any claim pursued is based on complete and accurate information. If you’re unsure whether someone outside your employer may be responsible, Lipari & Deiter can review what happened and explain your options.
Contact Lipari & Deiter for Help After a Construction or Warehouse Accident
If a third party may have contributed to your accident, you should have a clear understanding of your options. If you were hurt on a construction site or in a warehouse environment and believe someone outside your employer played a role, Lipari & Deiter is ready to help you investigate what happened.
Contact Lipari & Deiter today so we can review the details of your accident and pursue the compensation you may be entitled to seek under New Jersey law.
Disclaimer: The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.