You followed the safety protocols. You wore the gear. You did your job. Yet, you still woke up in a hospital room, wondering how you’re going to pay the mortgage while you recover.

For most employees, the immediate thought is, "At least I have workers’ compensation." And yes, that system is there to help. It keeps the lights on and pays the doctors. But for many families, the math just doesn't add up. The weekly checks are often a fraction of your real salary, and they completely ignore the physical pain and emotional toll the accident has taken on your life.

This is where the system leaves people behind. But it’s also where a third-party claim can change everything.

Many injured workers assume they are stuck with whatever the insurance company offers. They don’t realize that if someone outside of their company played a role in the accident, there is a second path to financial recovery. Understanding the difference between a lawsuit versus workers' compensation claim allows you to pursue the compensation that workers’ comp refuses to pay—like full lost wages and damages for pain and suffering.

Here is what you need to know about protecting your financial future when a work injury changes your life.

What Does Workers’ Comp Cover? (And Why It Isn't Enough)

Workers’ compensation is a trade-off. In exchange for guaranteed benefits without needing to prove your boss was at fault, you give up the right to sue your employer. It’s designed for speed, not maximum compensation.

While it covers medical bills, the wage replacement is usually capped. The New Jersey Department of Labor sets specific maximums each year, meaning high earners often find themselves receiving significantly less than their usual take-home pay. Worse, the system offers zero compensation for the human side of the injury. It doesn't pay for the fact that you can no longer pick up your kids, the sleepless nights, or the depression that often follows a career-ending accident.

What Is a Third-Party Claim for a Workplace Injury?

A third-party claim is a personal injury lawsuit filed against a person or company—other than your employer—who caused your injury.

Unlike workers' comp, this isn't automatic. You have to prove negligence, often by showing they violated standard occupational safety regulations. But if you can prove that someone else was careless, you can recover damages that workers' comp limits or excludes entirely. This includes:

• 100% of your lost income (past and future).
• Pain and suffering (often the largest part of a settlement).
• Loss of enjoyment of life.
• Loss of consortium (the impact on your family relationships).

Can I Sue for a Work Injury? (Examples of Third-Party Liability)

How do you know if you have a claim? Look at who was involved in your accident. If anyone other than a co-worker contributed to the hazard, you likely have a case.

1. Construction Accidents Involving Subcontractors

Construction sites are complex hubs of activity. You might work for the general contractor, but the guy operating the crane works for a different steel company. If that crane operator drops a load and injures you, a construction accident lawyer can help you collect workers' comp from your boss and sue the steel company for negligence.

2. Motor Vehicle Crashes on the Job

This is the most common scenario. If you drive for a living—whether you’re a trucker, a delivery driver, or a home health aide—and another driver hits you, that driver is a "third party." A qualified truck accident lawyer can help you sue their auto insurance policy for your injuries while your employer’s insurance covers your medical treatment.

3. Defective Machinery (Product Liability)

Sometimes, the fault lies with a tool, not a person. If a safety guard snaps on a power saw, or a ladder collapses due to a manufacturing defect, the manufacturer is liable. You will need a product liability attorney to prove the design was unsafe and hold the manufacturer accountable.

4. Property Owner Negligence (Premises Liability)

If your job requires you to visit other properties—like a salesperson visiting a client or a repair tech entering a building—the property owner has a duty to keep that place safe. If you slip on an icy sidewalk they failed to salt, or trip on broken stairs, the property owner can be held responsible.

Can I File a Personal Injury Claim and Workers' Comp at the Same Time?

Clients often ask if filing a third-party claim means "double dipping." The answer is no, but the outcome is still far better than workers' comp alone.

If you win a settlement from a third party, your workers' comp insurer will likely ask to be reimbursed for the medical bills they paid. This is called a "lien." However, an experienced attorney knows how to handle this. We negotiate with the comp carrier to reduce that lien, often arguing that they should share in the legal costs.

The goal is to ensure that even after the lien is satisfied, you walk away with a significant settlement that covers the non-economic damages workers' comp never touched.

The Clock Is Ticking: Why You Can't Wait

When you get hurt at work, you have strict deadlines to report the injury to your boss. But third-party claims have their own deadlines, known as the Statute of Limitations.

• New Jersey: Generally 2 years.
• New York: Generally 3 years (but much shorter for government entities).
• Connecticut: Generally 2 years.

Two years might sound like a long time, but building a case takes time. We need to preserve evidence before it disappears. We need to interview witnesses before their memories fade. If you wait until you are fully healed to call a lawyer, the evidence proving the other party's fault might already be gone.

Contact a Third-Party Work Injury Lawyer Today

You didn't ask to be injured. You didn't ask for the pain, the mounting bills, or the uncertainty about your career. But you do have the right to demand fair compensation from the people who caused it.

At Brandon J. Broderick, Attorney at Law, we specialize in peeling back the layers of workplace accidents. We don't just file the paperwork; we investigate the site, analyze the machinery, and track down the responsible parties. We know that workers' compensation is rarely enough to cover a lifetime of change, and we fight to fill that gap.

We operate on a contingency fee basis, which means you pay nothing unless we win. There is no risk in asking the question, but there is a huge risk in staying silent and letting the insurance companies decide your future.

Don't leave your family's financial security to chance.

Contact a workers' compensation lawyer at Brandon J. Broderick, Attorney at Law today for a free consultation. Let us help you get the full justice you deserve.