Being in an accident at work can take a significant toll on your life — physically, emotionally, and financially. But there are two ways you may be able to obtain compensation for injuries that have occurred in the workplace. Workers’ Compensation provides monetary benefits that can cover your medical costs and a certain amount of lost wages, regardless of fault. Additionally, if a party other than your employer is to blame for the accident that caused your injuries, you might be able to recover compensation in a personal injury action.
Workers’ Compensation Benefits
Workers’ Compensation is a form of insurance that provides cash benefits and medical treatment for workers who were hurt on the job. Critically, Workers’ Compensation doesn’t have anything to do with an employer’s negligence or carelessness — a claim can be filed for any injuries sustained during the course of employment.
Specifically, injured employees may be entitled to the following benefits through Workers’ Compensation:
- Medical, dental, and surgical treatment
- Optometry treatment
- Medically necessary drugs
- Assistive devices
- A percentage of lost wages
To have your medical care covered by Workers’ Compensation, the injury need not have taken place on the employer’s premises. There are many work duties that may take an employee off-site during working hours, including making deliveries, attending meetings, or traveling between locations. However, injuries that occur while commuting to and from work generally don’t qualify for Workers’ Compensation. These benefits are also not available if the work accident occurred due to an employee’s intoxication or an intent to cause their injury.
Filing a Personal Injury Action Against a Third Party
Due to New York’s Workers’ Compensation laws, employees are barred from suing their employers — even if their actions (or inaction) contributed to their injuries. But employees can still pursue a legal claim against a third party who should be held accountable for the accident. Depending on the circumstances, a responsible third party can include an equipment manufacturer, a contractor, a property owner, a vehicle operator, or various other individuals.
While an injured worker cannot recover the cost of monetary benefits that were already paid out through Workers’ Compensation, they might be entitled to recover unreimbursed medical expenses, out-of-pocket costs, and lost earnings in a lawsuit. They may also be entitled to receive monetary recovery for non-economic damages, such as pain and suffering.
By filing a personal injury action for a work accident, an employee can recover compensation for the physical pain, mental suffering, and loss of enjoyment of life they experienced due to their accident-related injuries. Notably, pain and suffering damages usually represent the largest portion of a personal injury award. By having a skilled and experienced personal injury lawyer by your side, you can be in the best possible position to maximize the amount of compensation you are eligible to receive under the law.
Contact an Experienced New York City Personal Injury Lawyer
If you suffered injuries in the workplace, it’s vital to have the representation of a personal injury lawyer who can protect your rights and fight for the compensation you deserve. Due to our dedication, skill, and focused commitment to obtaining the highest possible verdicts or settlements in every case, we regularly secure compensation in the millions for our clients.
The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they get the monetary recovery they deserve for their injuries. 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.