38 THE QUEENS COURIER • QUEENS BUSINESS • FEBRUARY 13, 2020 FOR BREAKING NEWS VISIT WWW.QNS.COM
Can I File a Personal Injury Claim
if I Receive Worker’s Compensation?
Being injured on the job can have devastating effects. You may require extensive
medical treatment. In addition, you might be out of work for a considerable
amount of time. While New York Workers’ Compensation benefits cover medical
expenses and lost wages up to a certain amount, there are certain circumstances
under which an injured worker may be able to also file a personal injury claim.
Understanding Worker’s Compensation
Under New York law, all employers are required to have Workers’ Compensation
insurance. This is a form of insurance meant to help employees who suffer
injuries in workplace-related accidents.
If you have suffered an injury during the course of your employment, filing for
and obtaining workers’ compensation benefits can help cover the costs of
necessary medical care related to the accident as well as lost wages up to a certain
amount. Reimbursement for lost wages under Workers' Compensation is
typically calculated as two-thirds of your weekly wages multiplied by the
percentage of your disability.
Workers’ Compensation may provide benefits for injuries that arose from a
range of work-related accidents such as slip and falls, construction site accidents,
and car accidents. However, some categories of workers are not entitled to
receive Workers’ Compensation such as volunteers or independent contractors,
among others. Additionally, if you were under the influence of drugs or alcohol,
or intended to cause the accident or injury, you may be disqualified from
receiving Workers’ Compensation benefits.
There are strict statutes of limitation concerning filing Workers’ Compensation
claims. New York Workers’ Compensation law has stringent filing guidelines that
must be followed. If you do not notify your employer within thirty days of the
accident, you may lose any rights you have to benefits.
Filing a Third-Party Claim
Under New York law, an injured worker cannot sue their employer or coworkers
as a result of workplace accidents. Workers’ Compensation is generally an
employee’s only remedy to recover financially for injuries in the workplace.
Nonetheless, there are certain circumstances under which you may be able to file
a personal injury claim for negligence against a third-party if you have suffered
an injury while working. These types of actions can hold a third-party liable for
any negligence on their part that contributed to the accident which caused your
injuries. Common scenarios involving third-party liability can include:
• Car accidents during the course of employment
• Accidents arising from contractor negligence/third-party safety violations
• Slip and falls or other accidents that occurred on the premises of another
Prevailing in a personal injury action, or obtaining a settlement, can help you
recover beyond what Workers’ Compensation benefits provide. A successful
plaintiff may be awarded damages for unreimbursed medical expenses, out of
pocket costs, pain and suffering, loss of consortium, loss of future earnings, and
future medical expenses.
Contact an Experienced Personal Injury Attorney
If you have been in a work-related accident, it is best to contact an attorney as
soon as possible following the accident as there are strict statutes of limitation in
place for both filing for Workers’ Compensation benefits and commencing a
personal injury action. An experienced personal injury attorney can advise you
of your legal rights and remedies concerning any third-party benefits to which
you might be entitled.
Scott Baron & Associates, P.C. has been helping work-related accident victims
obtain the compensation they deserve for their injuries for nearly three decades.
Call today to schedule a consultation.
Attorney Advertising. For informational purposes only. The content herein is not
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