- January 2, 2025
- Tucker Law
- Work Injury
When you are injured on the job in NYC, you can file a claim for workers’ compensation benefits to get money for your health care, lost wages, and other expenses related to your injury. These benefits are designed to protect nearly all workers in the city from almost any type of workplace accident. However, there are cases where workers’ compensation can’t provide the benefits you need. Sometimes, you may need to file a personal injury lawsuit to get compensation after being hurt on the job.
Workers’ Compensation: The Basics
Were you hurt in a car accident while driving a company car? Or maybe you slipped and fell while walking through the lobby of the office where you work. Regardless of how you were injured, if you were at work or performing work duties, New York legislation provides you with a remedy to get compensation for that injury. You have the right to file a workers’ compensation claim with your employer’s worker’s comp insurance company. Furthermore, you don’t need to prove negligence as part of this claim to get compensation. Nearly every employer in New York is required to purchase this type of insurance, so you will usually have this option available.
One of the biggest advantages of workers’ compensation insurance is that you don’t need to prove that your employer was negligent to get benefits from this insurance.
However, this benefit comes with a downside. Employers gain a benefit for providing workers’ compensation benefits to their employees. In exchange for purchasing workers’ compensation insurance, they are protected against most personal injury lawsuits when workers are injured on the job. In short, in most cases, you can’t get more benefits than the state authorizes from workers’ compensation benefits.
When You Can Pursue a Personal Injury Lawsuit
Like most regulations, the law limiting your ability to file a lawsuit has exceptions. The most pertinent exception is that your employer enjoys immunity from a personal injury lawsuit only if they purchased the required workers’ compensation insurance. If they fail to get the legally required insurance, you can file a lawsuit to get the compensation you need.
Similarly, the New York fire department, police department, and sanitation department are not required to have workers’ compensation coverage. They are equally susceptible to a personal injury lawsuit after a workplace accident. Finally, if your employer intentionally causes your injury, you can file a lawsuit against them, even if they have workers’ compensation insurance. The latter can be difficult to prove, so you should contact Tucker Lawyers immediately if you believe you were intentionally injured in the workplace.
Were you injured in the workplace? Contact Tucker Lawyers at (516) 399-2364 to schedule a consultation to discuss your legal rights for getting compensation.
Specific Scenarios Warranting a Lawsuit Against a Third Party
There are also some scenarios where you can file a lawsuit against a party other than your employer, such as the manufacturer of a defective tool. This means you could get workers’ compensation benefits and also file a personal injury lawsuit against another party responsible for your injuries.
One common example is when you are involved in a car accident while performing work duties. Third parties do not gain the same protection against lawsuits that your employer gains when they purchase workers’ compensation insurance. If the other driver’s negligence caused the accident, you would have the right to sue them — just like you would have in any other car accident. In New York, this means you could file a lawsuit only if you meet the serious injury threshold. However, if you do, you could file for workers’ compensation benefits and get additional benefits (likely for pain and suffering) from the driver responsible for your accident.
There can be unexpected consequences from getting benefits from a workers’ compensation claim and a lawsuit against a third party, so you should discuss your options with our legal team before making any decisions. We can help you understand any medical liens or other payments you may be subject to if your personal injury claim is successful.
Benefits of a Personal Injury Lawsuit
While workers’ compensation insurance covers all of your medical bills, it covers only two-thirds of your lost wages. By filing a personal injury lawsuit, you can potentially get compensation for the remaining one-third of your lost wages. Additionally, workers’ compensation will never provide you with money for your pain and suffering. You can get that benefit only by filing a lawsuit against the responsible party.
The Role of an Experienced Personal Injury Lawyer
Navigating workers’ compensation is difficult, even when a lawsuit isn’t involved. When you have the right to file a lawsuit, whether against a third party or your employer, there are plenty of ways you can make mistakes. Your experienced personal injury attorney from Tucker Lawyers will guide you through the workers’ compensation process and help you gather evidence to support a lawsuit. If you are eligible to file a lawsuit, that evidence will be critical to getting you the compensation that you are owed. Our lawyers have experience negotiating with insurance companies to get a fair settlement. This means that even when we file a lawsuit on your behalf, there is a good chance that we can get you the money you need without having to wait for a jury to rule on your claim.
Contact Tucker Lawyers in NYC After You Suffer a Workplace Injury
Most workplace injury clients don’t even realize that they might have the right to file a lawsuit to get additional compensation. At Tucker Lawyers, we make it a priority to explain your rights to you so that you can make educated decisions about your claim.
Don’t let confusion about the law prevent you from getting fair compensation after a workplace injury. Contact our law firm at (516) 399-2364 right away to discuss your legal options with an experienced attorney.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]