Getting hurt at work is terrifying. You’re worried about medical bills, how you’ll pay rent, and whether you’ll heal properly. Most injured workers file for workers’ compensation right away, which makes sense since it provides benefits regardless of who caused the accident. But what if your injuries turn out to be catastrophic? What if workers’ comp barely scratches the surface of what you’ve lost? Can you still sue someone? Yes, but only in specific situations.
How Workers’ Compensation Limits What You Can Do
New York’s workers’ compensation system works as a trade-off. You get benefits without proving your employer screwed up, but you can’t sue your employer for additional money. Lawyers call this the “exclusive remedy” rule. Workers’ comp covers some things:
- Medical treatment costs
- Partial wage replacement (usually two-thirds of what you earned)
- Disability benefits
- Vocational rehabilitation
What it doesn’t cover matters more when you’re facing permanent disabilities. There’s no compensation for pain and suffering. No recovery for your reduced quality of life. You don’t get full lost wages either. For someone who’ll never work again or who’s living with daily limitations, these gaps become enormous.
When You Can File A Lawsuit Against Other Parties
Here’s what changes the game. You can absolutely file a personal injury lawsuit against parties other than your direct employer. These are called third-party claims, and they’re more common than most people realize. Did a subcontractor’s negligence contribute to your accident? Was the equipment defective? Did someone from another company operate machinery unsafely on your job site? Those parties can be sued. A Brooklyn catastrophic injury lawyer can figure out whether additional parties share responsibility for what happened to you. Common third-party defendants include:
- Subcontractors on construction sites
- Equipment manufacturers who made defective products
- Property owners
- Delivery drivers
- Maintenance companies that didn’t do their job properly
Let’s say a defective piece of machinery caused your injury. You’d continue receiving workers’ comp while also suing the manufacturer. If another company’s employee operated equipment recklessly and you got hurt, that company could be liable even though you’re both working on the same site.
Construction Workers Get Stronger Legal Protections
Construction workers in New York have rights that most other employees don’t. Under New York Labor Law Sections 240 and 241, workers injured in falls or struck by falling objects can sue property owners and general contractors directly. These scaffolding law cases don’t require proving negligence. If proper safety equipment wasn’t provided and you got hurt, the property owner can be held strictly liable. Period. This creates real opportunities to recover substantial compensation beyond what workers’ comp offers.
Handling Multiple Claims At Once
Accepting workers’ compensation benefits doesn’t mean you’ve given up your right to file a third-party lawsuit. That’s not how it works. There’s a catch, though. If you win a personal injury settlement or verdict, the workers’ comp insurance carrier has a legal right to be reimbursed for benefits they’ve already paid you. This is called a workers’ compensation lien. A Brooklyn catastrophic injury lawyer will negotiate with the carrier to reduce this lien so you actually keep more of your settlement. The process requires careful coordination, but it’s manageable with experienced legal help.
Why Full Compensation Actually Matters
Workers’ comp wage replacement typically covers only two-thirds of your average weekly wage, and there’s a state maximum. That’s fine for a broken arm that heals in six weeks. It’s devastating for catastrophic injuries that leave you permanently disabled.
You’re not just dealing with a temporary setback. You’re facing decades without income, mounting medical bills, and equipment you’ll need for the rest of your life. The math doesn’t work with workers’ comp alone. Third-party lawsuits let you recover:
- Full past and future lost earnings (not just a percentage)
- Complete medical expenses
- Pain and suffering damages
- Loss of life enjoyment
- Emotional distress
When you can’t work again, when you need attendant care, when your entire life has changed, these additional damages aren’t a bonus. They’re necessary.
You’re Working Against A Clock
New York gives you three years from your accident date to file a personal injury lawsuit against third parties. This deadline exists even if you’re still receiving workers’ comp benefits. Miss this statute of limitation,s and you’ve lost your right to sue, regardless of how strong your case is. Some cases require even faster action. Government entities? You might need to file a notice of claim within 90 days.
Getting Help That Actually Understands This Stuff
The attorneys at The Edelsteins, Faegenburg, & Blyakher LLP have handled workplace injury cases for over 85 years. We’ve seen how these claims intersect, how to pursue all available sources of compensation while protecting your workers’ comp benefits. If your workplace injuries resulted in permanent disabilities or long-term impairments, don’t assume workers’ comp is your only option. It probably isn’t. Legal Counsel can review what actually happened during your accident and identify whether third parties may be liable. Contact our team to discuss your specific situation and learn what legal options exist beyond workers’ compensation.