- September 30, 2024
- Tucker Law
- Work Injury
Suffering a work-related injury can be devastating. You could face days of missing the income you need while also having to get medical care that puts further strain on your finances. Fortunately, there are options you can pursue in these instances. Workers’ compensation claims and work injury claims are two important paths you can take to receive the compensation you need.
The team of New York work injury lawyers at Tucker Lawyers provides the assistance you deserve. We have decades of experience helping clients recover losses after suffering work-related injuries and illnesses. Schedule a free consultation to receive the guidance you need.
Contact Tucker Lawyers by calling us at (516) 399-2364.
Workers’ Compensation Claims
One of the options you can choose after suffering an injury at work is to file a workers’ compensation claim. These claims are part of a government-mandated program that offers benefits, but these benefits can vary from state to state. In New York, you can receive compensation to cover medical expenses, including:
- Prescription medications
- Imaging (X-rays, MRIs, CTs)
- Rehabilitation
- Medical equipment
- Standard and follow-up visits.
You can also get wage replacement benefits. In most cases, however, workers’ compensation will not cover your entire paycheck. To decide on the exact wage benefits you will receive, the state calculates your average weekly salary. The maximum amount per week you can receive is $400. This is not paid until you’ve been unable to work for 14 days. When that occurs, you can get lost wages that begin from the first day you were unable to work.
If you’re not able to return to work, you can get temporary total disability while you recover or long-term disability if you’ve sustained a disabling injury.
Work Injury Claims (Personal Injury Lawsuits)
A work injury claim is a personal injury lawsuit that holds the parties who caused your injuries responsible. These claims require that you prove someone was negligent, which means demonstrating that they owed you a duty of care that they breached, leading you to suffer injuries for which you can receive compensation.
It is not possible to pursue a work injury claim against your employer because they’re protected by their workers’ compensation insurance. It is possible, however, to file a personal injury claim against a third party. These can include contractors, manufacturers of defective products, and managers.
Our team has helped clients who have suffered work injuries recover millions in settlements and jury awards.
Workers’ Compensation vs. Work Injury Claim
Key Differences Between the Two
These two claim types have significant differences that you need to be aware of before you decide on the right option for you.
Liability and Fault
The question of fault is one of the biggest differences between these two options. With workers’ compensation claims, you don’t have to prove negligence; with a personal injury claim, you do have to prove someone was negligent in order for them to be liable.
Procedure
In a workers’ compensation claim, you need to notify your employer of the accident and they have to report it to their insurance carrier. The insurer will then assess the claim and decide on what benefits you deserve, if any. You can appeal the decision if you’re denied, and you will have to go to a hearing.
With a personal injury claim, you need to file a claim against the negligent party with the help of a lawyer. Their insurance company may agree to a settlement, which can speed up the process, or they may dispute the claim. In that case, you will have to go to court.
Damages
With a workers’ compensation claim, you can receive coverage for a limited amount of damages. You will not be able to recover non-economic losses, like pain and suffering, or future economic losses, like ongoing medical care.
When you file a personal injury claim, you can recoup both economic and non-economic damages. These include medical expenses, lost wages, pain and suffering, and future losses.
Choosing the Right Path
You should be aware that even if you accept workers’ compensation benefits, you’re not forbidden from filing a personal injury claim against a third party. This may not be an option available for everyone, however.
If you suffered an injury and there were no third parties involved, then the right option is to file a workers’ compensation claim. Our team of lawyers can help you do this correctly so that you don’t face being denied and having to appeal the decision.
On the other hand, if a third party’s negligent or wrongful conduct did contribute to your injuries, or if they were directly involved in the accident, then you should consider filing a personal injury claim against them.
At Tucker Lawyers, we have experience with both of these types of claims involving a work injury, so we can advise you on the right options for your unique circumstances and also start the claims process for you.
Schedule a Free Consultation With Tucker Lawyers
Get Experienced Legal Representation After a Work Injury
After suffering a work injury, you may be overwhelmed and unsure about the options you have. Most workers are able to receive workers’ compensation, but you may also be eligible to file a personal injury claim against a third party if they contributed to the accident.
At Tucker Lawyers, our work injury attorneys can help gather the necessary evidence to show that you suffered an injury at work and that you deserve compensation. We have experience with both of these types of claims, so we can guide you through the entire process. We have litigation experience as well, allowing us to represent you in court if necessary.
If you’ve suffered an injury at work, just remember that you have options.
Get experienced representation from Tucker Lawyers. Contact one of our personal injury lawyers by calling (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 ]