Workers’ Comp vs. Third-Party Claims for Workplace Machinery Amputations
Amputation injuries are some of the most catastrophic workplace injuries a person can suffer, both physically and emotionally. When a hand, finger, arm, or leg is lost due to faulty or dangerous machinery, the path to recovery is long, challenging, and often incomplete. These incidents happen in an instant, but the impact lasts a lifetime.
In New Jersey, workers who suffer amputation injuries on the job typically file for workers’ compensation. But in many cases, there’s more than one path to recovery. Suppose someone other than your employer contributed to the accident, such as the manufacturer of a defective machine. In that case, you may be able to file a third-party personal injury claim in addition to receiving workers’ comp benefits.
Here’s what you need to know if you or a loved one experienced a workplace amputation caused by machinery in Monmouth County or anywhere in New Jersey.
The Role of Workers’ Compensation in Amputation Cases
New Jersey’s workers’ compensation system is designed to provide benefits to employees injured on the job, regardless of fault. That means even if you made a mistake, you are generally still entitled to coverage. This is important in workplace amputation cases, where the goal is to secure immediate and ongoing support.
Workers’ compensation benefits may include:
- Payment for medical treatment and rehabilitation
- Temporary disability payments (a portion of lost wages)
- Permanent partial or total disability benefits
- Prosthetics and assistive devices
- Vocational rehabilitation (in some cases)
One major limitation of workers’ comp, however, is that it does not compensate you for pain and suffering, emotional distress, or reduced quality of life. The system is no-fault, but it’s also limited.
In cases involving severe injuries like amputations, those limits may fall far short of what the victim truly needs. That’s where a third-party claim could come in.
When a Third-Party Claim May Be Available
If your injury was caused, even in part, by someone other than your employer or a co-worker, you may have a valid personal injury case against that party. This is known as a third-party claim, and it can provide compensation that goes beyond what workers’ comp allows.
Examples of third-party liability in machinery amputations include:
- A manufacturer who sold a defective or unguarded piece of equipment
- A maintenance contractor who failed to inspect or repair a known hazard
- A property owner who created unsafe conditions on a job site
- A vendor or subcontractor working alongside your employer who contributed to the injury
These types of claims are handled separately from your workers’ comp case and are filed in civil court. Importantly, they can include damages for:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Full wage loss and future earning potential
It’s possible, and often beneficial, to pursue both a workers’ compensation claim and a third-party personal injury claim with the help of a skilled injury attorney.
Key Differences Between Workers’ Comp and Third-Party Lawsuits
| Workers’ Compensation | Third-Party Personal Injury Claim |
| No need to prove fault | Must prove negligence or defect |
| Pays medical and partial wage benefits | Can cover full lost income + pain and suffering |
| Handled through NJ Division of Workers’ Compensation | Handled in state or federal civil court |
| Limited compensation | Potential for full financial recovery |
| Employer generally protected from lawsuits | Targets a non-employer party |
Both claims can be complex, especially when they overlap. That’s why it’s essential to work with an attorney who understands the mechanics of both systems — and how to pursue maximum recovery on both fronts.
Why Legal Help Is Critical After a Machinery Amputation
These are high-stakes cases. Insurance companies — whether from the employer or the third party — often try to limit their exposure, dispute liability, or offer settlements that don’t come close to covering the long-term costs of an amputation.
At Noonan & McMahon, we take these cases seriously. We work closely with:
- Medical experts to assess long-term care and prosthetic needs
- Economic professionals to project lost earning capacity
- Engineering and safety experts to evaluate defective machinery
We also coordinate your workers’ compensation case while aggressively pursuing any available third-party claims. Our goal is to ensure you receive the maximum compensation allowed under the law, not just what the insurance company offers.
Let’s Talk About Your Legal Options After a Workplace Amputation
If you’ve suffered an amputation due to dangerous equipment or unsafe job site conditions, don’t assume workers’ comp is your only option. Contact Noonan & McMahon today to schedule a free consultation. We’ll review your case, explain your options, and fight to help you rebuild after such a life-altering injury.