Work Injury Attorney New York
Work Injury Attorney New York
A Work Injury Attorney New York Trusts Discusses Differences Between Personal Injury Claims and Workers Comp Claims
If you are injured on the job can you collect workers’ compensation insurance and file a personal injury lawsuit?
The most notable and relevant difference between a personal injury claim and a workers’ compensation case is fault. Workers’ compensation is basically a no-fault issue — if you are injured while at your place of employment or while performing a task while you are on the job, in most cases you are eligible to receive workers’ compensation for your accident.
A personal injury claim requires that the other person be negligent and you were injured as a result of that negligence.
Determining Fault
If you simply slip and fall on another person’s property, it doesn’t necessarily mean the property owner was negligent. If it happens at work, or at another location while you were working for your employee, you should be eligible for workers’ compensation for your injuries. However, in order to file a successful personal injury claim, your work injury attorney in New York needs to prove that someone else’s negligence was the cause of your accident.
In a workers’ compensation claim, fault is rarely an issue. You don’t need to prove that your company or those you work with caused your accident in order to receive the benefits from workers’ compensation. Even if you, personally, were careless and caused the injury, you can still claim the benefits from workers’ compensation insurance.
The Difference in Damages for Personal Injury and Workers’ Compensation
Personal Injury Recovery
Possible compensation from a personal injury lawsuit may include any and all damages you suffered as a result of an accident or injury at the fault of someone else. Types of damages include:
- Loss of potential wages
- Lost wages
- Medical expenses
- Any future medical expenses arising from this incident
- Pain and suffering
- Recovery for being permanently impaired because of the incident
- Losing a sense of enjoyment from life
Workers’ Compensation Benefits
Benefits from a workers’ compensation claim include:
- Weekly compensation
- Benefits if you are permanently impaired
- Medical expenses
- Rehabilitation and training to perform a new job if you are unable to perform the job previously held
Employees do not receive pain and suffering benefits through workers’ compensation insurance. The employee is not able to file a personal injury claim against their employee or another co-worker. Because the employer is required by law to have workers’ compensation insurance, the employee who may be injured on the job relinquishes any right to file a personal injury claim against their employer for negligence.
Can any Workers Legally Sue their Employers?
There are only two types of employees that are not classified under the workers’ compensation laws:
- Interstate railroad employees – these workers are covered under a federal law — the Federal Employers Liability Act — and are able to file claims against their employer if they are hurt on the job. These workers commonly work for a railroad company in more than one state.
- The crews of vessels – any type of boats — from a large barge or cruise ship to a very small commercial fishing vessel are not covered by workers’ compensation insurance. These class of employees are covered by the Jones Act, a federal law that entitles the employees to file suits against their employers for any damages as well as pain and suffering, should you become injured on the job.
Contact a Work Injury Attorney for Assistance
Don’t take a chance with your case – hire the right workers compensation lawyer in New York. Whether you need to file a workers compensation claim because you were on a construction site, or even if you were working in an office environment, we are here to assist. At Polsky, Shouldice & Rosen, we will help you work through the nuances of the legal system, and provide aggressive representation. Our goal is to maximize your compensation for your New York work injury case. An on-the-job case can be difficult to fight in NY, and we provide the type of legal representation you need.
Experienced Workers Comp Lawyers in New York
Remember, neither your employer nor their insurance company will have your best interests at heart. We practice in all state and Federal Courts in New York, as well as state and local administrative agencies, rest assured that we will make sure to get you the compensation you deserve. We serve work injury victims in the entire New York City area, including the Bronx, Manhattan, Long Island, Staten Island, Brooklyn, Queens, and even Westchester and Rockland counties. What Should You Do If You Are Injured On A Construction Site?
Sometimes, accidents that occur on the job, may also have what is known as a “third-party” aspect. We are here to help in those injury cases as well. For example, if you were driving a truck and were struck by another vehicle, and all this occurred while you were working, then you may have a workers compensation case and an automobile negligence case. Or, if you were working on a construction site, and you were injured because the general contractor made a mistake, you may have both a workers compensation case and a third-party personal injury case.
Contact a Work Injury Attorney New York Clients Recommend
The bottom line is that if you suffered a workers compensation case in Brooklyn, New York, or any of the surrounding areas, call us today for a free consultation. We are here to help!
Client Review
“I called Polsky, Shouldice & Rosen, P.C. regarding a potential worker’s compensation case. I was nervous to call because I’m not normally one to reach out for help in these kinds of scenarios, but the staff and attorney Adam Rosen were so kind and helpful in hearing what I had to say that I instantly felt at ease. Even though my situation fell outside of their jurisdiction, Mr. Rosen offered a contact he knew that could help me.”
Hailey Scheren
