If you get injured at work then you’ll likely be awarded workers compensation benefits for medical expenses and lost wages, but can you sue and get even more money?
And if so, who can you sue and what can you sue them for?
Keep watching, because we’re going to answer those questions right now!
If you're looking for a lawyer to help you with your claim for New York State Workers compensation benefits, please give me a call at 212-406-8989 to schedule a free consultation.
We’re also able to assist with Personal Injury Matters, Social Security Disability, and Labor & Employment Issues.
Can you sue for a work injury?
If you get injured on the job, everyone knows you get workers comp, but is it also possible to sue any of the other people involved? As we’ve discussed before, workers comp is a “no fault” system, which means it doesn’t matter who caused the accident. You’re immediately eligible to receive benefits for lost wages and medical coverage, even if you accidentally hurt yourself on the job!
The flip side of that coin is that you cannot sue your employer or coworkers for the injury, even if they are at fault. That’s the general tradeoff in workers comp: less money in exchange for faster compensation.
This can feel like a raw deal because workers comp only covers 2/3 of your average weekly wage up to a statutory maximum, medical benefits, and disability awards. But in a personal injury lawsuit you can also sue for things like pain and suffering, emotional distress, decreased quality of life, and any other damages.
However, if your work injury was caused by someone other than your company or a coworker, you may be able to not only claim workers comp benefits, but also file a personal injury lawsuit and be awarded additional damages. A common example is when someone is injured in a car accident while on the job.
Suppose you work for Joe’s Appliance Delivery and are driving to drop off a new washing machine when someone runs a red light and t-bones your van, severely injuring you in the process. You have the right to sue that driver for compensation beyond what workers compensation would award to you.
Because you were on the job, workers comp will kick in first for medical expenses, lost wages, and the basic benefits you need to move on from the accident. This is why these are called first party benefits. But then once you’re able, you can talk to your lawyer about filing a lawsuit against the driver who hit you, called a “third party lawsuit.” It’s called a “third party lawsuit” because you’re the first party, your employer is the second party, and the guy who t-boned you is the third party.
If you successfully win your lawsuit, you can then receive substantially more in damages than workers compensation will otherwise award to you. Just note that when you settle or win your third-party lawsuit, you’re obligated to pay back the majority of the workers compensation benefits you received. This is called a “workers’ compensation lien,” and it can be negotiated down if you have a good workers comp lawyer on your side.
Car accidents aren’t the only situations where injured workers can sue for more compensation.
Some other common scenarios include:
A particularly common one in New York State is construction accidents. Due to strict liability laws, if a worker is injured in a fall on a commercial construction site then the site's owner may be held responsible for the injury even if they’re not at fault. All you have to prove in court is that you were working at a height and that you fell and injured yourself. This also holds true if you're working and something falls from a height and injuries you. This is called strict liability.
This is why when you're watching daytime TV, there's always an ad for a lawyer saying, “Have you been hurt? Did you fall off a ladder or a scaffold?” Because not only are these incidents common, they’re also a slam dunk in court.
So if you or a loved one have been injured on the job here in New York and intend to file a personal injury lawsuit against a third party, give me a call at 212-406-8989 to schedule a free consultation. Our conversation is confidential, costs you nothing, and will help you understand whether or not you have a strong case.
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