If you were injured in a work accident, you may be wondering whether you are able to claim monetary recovery beyond Workers’ Compensation benefits. Notably, Workers’ Compensation isn’t your only avenue for monetary recovery after being hurt on the job — you may be entitled to recover both your economic and non-economic damages in a personal injury action. If a third-party’s negligence caused the workplace accident, it’s essential to understand the steps to take to file a claim.
1. Get the Medical Treatment You Need
Before you can file a personal injury claim to obtain compensation for a workplace accident, you must be able to prove that you suffered damages. It’s crucial to get the medical treatment you need for both your health and to document the injury. Medical documentation is the foundation of every personal injury claim.
2. Document the Scene of the Accident and Your Injuries
If possible, have somebody document the scene of the accident by taking photos or video footage of the hazard. In addition, make sure someone talks to any witnesses who may have observed the accident as it occurred and obtains their names and contact information. You should also document your injuries by keeping track of them, how they affect your daily activities, and limit your ability to work.
3. File an Accident Report
It’s important to be aware that Workers’ Compensation is a separate process from filing a personal injury claim. To obtain Workers’ Compensation, you will need to report the work-related accident to your employer within 30 days of its occurrence — you then have two years to file a claim for Workers’ Compensation. An accident report can also serve as a critical piece of evidence if you pursue a personal injury claim.
4. Claim Workers’ Compensation Benefits
Before you file a personal injury claim, you may consider filing for Workers’ Compensation. These benefits can provide you with compensation for medical expenses, a certain amount of your lost wages, and rehabilitation costs while you are waiting for your personal injury claim to go through the legal process.
5. Consult with an Experienced Work Accident Lawyer
It’s vital to consult with a personal injury attorney who handles workplace accidents as soon as possible. Not only can they help you avoid potential pitfalls in your claim, but they can also evaluate your case, ensure you comply with the statute of limitations, and guide you through the process of filing a claim.
6. Negotiate or Litigate
Personal injury compensation for a workplace accident can typically be obtained in one of two ways — through negotiation or litigation. When a personal injury case is negotiated, your lawyer will communicate with the insurance company to obtain a fair settlement. With litigation, a case will go through the court process to reach a resolution and a judge or jury will determine the outcome. A personal injury lawyer will attempt to negotiate the best possible settlement out of court, but if the insurance company won’t agree to a fair amount, a better outcome may be achieved in court.
Contact a Knowledgeable New York Personal Injury Attorney
If you were in a workplace accident caused by a third party’s negligence, it’s important to have a personal injury attorney by your side who can help ensure you obtain the compensation you deserve. Due to our skill and experience, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and jury verdicts for our clients who have been injured in the workplace. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.