- January 9, 2025
- Tucker Law
- Work Injury
New York City is constantly rebuilding and renovating, which means there’s no shortage of work if you’re in the construction industry. However, construction can be a dangerous occupation. If you’ve been injured on the job, you’re likely unable to work and facing significant medical bills. Fortunately, it may be possible for you to get compensation to cover expenses while you heal. But should you file a workers’ compensation claim or a personal injury claim? Here’s a look at the difference between personal injury claims and workers’ compensation: the basics.
You can file a workers’ comp claim without proving your employer was negligent. However, if a third party’s negligence contributed to your injuries, you might consider filing a personal injury claim as well.
Workers’ Compensation: The Basics
Efficient Compensation for Injured Workers
In New York, most employers are legally required to carry workers’ compensation insurance. This insurance pays out benefits to those who get injured at work or who suffer a work-related illness. If you are hurt on the job, an attorney can help you file a workers’ compensation claim so you can be compensated for lost wages and have your medical care covered.
Workers’ compensation is a no-fault system. This means that it will pay claims even if your employer did not act negligently. Because you don’t have to go through the lengthy process of a personal injury lawsuit, you receive the compensation you need much faster — at least in theory. Sometimes, claims are unfairly denied by penny-pinching insurance companies. If this happens, a workers’ compensation attorney can assist you with an appeal.
Personal Injury Lawsuits: When They Apply
Generally speaking, in New York, you may not file a personal injury lawsuit against your employer for an on-the-job injury. Only workers’ compensation claims are allowed. However, there is one instance where you may be able to file both: if a third party was involved in causing your injury.
Here’s an example. Imagine you’re at a worksite and your supervisor asks you to drive to a nearby hardware store. While you’re on the way, a speeding driver hits you and causes a serious car accident, resulting in major injuries. In this case, you are entitled to file a workers’ compensation claim since you suffered an injury while working. However, because a negligent third party — the speeding driver — was the direct cause of your injury, you may also be able to file a personal injury lawsuit against the driver.
If all goes well, you could be awarded compensation through both your workers’ compensation claim and your personal injury lawsuit. However, in this situation, many workers’ compensation providers will attempt to subrogate the claim. In other words, they may try to recover some or all of the benefits they paid you from your personal injury settlement. If you do end up filing both a workers’ compensation claim and a personal injury lawsuit, your lawyer can help you understand subrogation and how it could affect your claim.
You don’t have to decide between a workers’ comp claim and a personal injury claim on your own. Call Tucker Lawyers at (516) 399-2364 to book your free consultation now.
Factors to Consider When Choosing a Path
If you aren’t sure whether to pursue a workers’ compensation claim, a personal injury claim, or both, your attorney can help you weigh the pros and cons of each. These are some of the factors you may want to consider when determining which claim to pursue first.
Time
Work injuries can put you in a financially precarious situation. Fortunately, because workers’ compensation claims don’t have to go through the courts, you will likely receive those benefits much sooner than personal injury compensation. Some personal injury lawsuits take multiple years to be finalized, especially if they go all the way to trial.
Proving Negligence
The workers’ compensation system does not require you to prove fault. As such, there is no need to prove any party’s negligence in a workers’ compensation claim. However, if you file a personal injury claim, your legal team must prove that the at-fault party’s negligence caused your injuries.
Damages Caps
New York sets limits on the total amount of compensation you can recover in a workers’ compensation case. Between July 1, 2024, and June 30, 2025, the maximum weekly compensation you can recover is $1,171.46. However, in a personal injury lawsuit, there is no cap on the amount you can recover.
Types of Damages You Can Recover
Workers’ compensation claims usually compensate you for a few specific losses:
- Lost wages
- Injury-related medical costs
- Long-term disability.
In contrast, personal injury lawsuits allow you to collect compensation for a wider range of losses, including the following:
- Pain and suffering
- Loss of enjoyment of life
- Lost earning capacity.
When making your decision, you should bear in mind that while these types of compensation are possible in a personal injury lawsuit, they aren’t guaranteed.
The Role of a Personal Injury Lawyer
No matter which path you take, having an experienced workers’ compensation or personal injury lawyer is essential. Your attorney can provide crucial services, such as the following, in either type of claim:
- Filing claim paperwork thoroughly and on time
- Researching your injury and gathering evidence
- Negotiating with insurance companies to reach an acceptable settlement
- Assisting with appeals if your workers’ compensation claim is denied
- Representing you in court if your personal injury case goes to trial.
Not everyone realizes just how time-consuming workers’ compensation and personal injury claims can be. When you have an attorney to prepare and file claims on your behalf, you can focus your time and energy on healing.
Injured on a Construction Site?
You Deserve an Experienced Advocate Who’s on Your Side
Dealing with a work-related injury can be incredibly stressful. You’re dealing with considerable physical pain and the inability to work — and you’re also trying to navigate the often-confusing workers’ compensation claims process. When you work with Tucker Lawyers, we’ll take on the task of putting your claim together so you can focus on getting better. We also will evaluate your claim to determine whether you’re eligible to file a personal injury lawsuit in addition to your workers’ compensation claim. Our team is ready to fight for you to receive all the compensation you deserve.
Have you been hurt while working at a construction site? Call Tucker Lawyers at (516) 399-2364.
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 ]