After an injury on the job, the financial, emotional, and physical toll can be overwhelming. While workers’ compensation insurance is a godsend for many, and can be helpful in recovering some damages, there are also losses it doesn’t cover. This can leave victims struggling to get their lives back on track.
Although in the state of New York you cannot legally sue your employer after a workplace injury, in some cases you may be able to file a third-party lawsuit against other liable parties in addition to your workers’ compensation claim.
At Buttafuoco & Associates, our personal injury attorneys serving New York may be able to help you expand your claim to include a third-party lawsuit.
If you believe you have a case, get in touch for a free consultation at 1-800-NOW-HURT.
Workers’ Compensation Overview
New York workers’ compensation insurance provides benefits to workers who are injured on the job. The upside of the system is that regardless of who was at fault for your injuries, as the victim you are entitled to benefits–even if the accident was due to your own carelessness. The trade-off, however, is that you cannot sue your employer in a court of law.
Workers’ compensation insurance covers several key expenses after an accident, including medical treatment, temporary and permanent disability payments, and death benefits to any surviving dependents.
It is important to note, however, that while reasonable medical expenses will likely be covered, disability payments have hard limits. The maximum temporary disability payment is capped at two-thirds of your average wage per week, and allows no more than $1281.50 in pay weekly. Permanent disability payments are based on the extent of your injuries and the degree to which you have lost your ability to earn wages.
Additionally, there are several expenses that workers’ compensation does not cover, including physical and/or emotional pain and suffering. It will also not replace your lost wages entirely–again, you will receive approximately two-thirds of your earned wages. Depending on the type of work you do, this could leave you unable to pay your mortgage, bills, or for other basic necessities.
If you find yourself in this situation and believe you may have a case against a third party who is not your employer, Buttafuoco & Associates’ New York personal injury attorneys can help you understand your rights during a free consultation.
What is a Third-Party Injury Claim?
If a third party (anyone other than your employer or a co-worker) caused your accident and injuries, you can typically file a third-party claim. Some examples of third parties include property owners, general contractors and subcontractors, equipment manufacturers (if equipment was defective or faulty), architects and engineers, and drivers and/or owners of vehicles if you were hit while at work. If you were driving as part of your job, you may be able to receive workers’ compensation or sue if a vehicle malfunction caused your injuries.
Third-party claims cover what workers’ compensation insurance will not, including medical expenses, pain and suffering, disability, and more. Sometimes a third-party claim results in a million-dollar or more settlement once these factors are taken into account.
Can I File for Workers’ Comp and a Third-Party Lawsuit?
Your first step after an accident is to file a workers’ compensation claim so that the compensation process will be underway as soon as possible, allowing you to cover your bills and medical expenses.
After that, if you have a case against an outside party, you can work with a New York personal injury attorney to file a third-party claim.
It should be noted that under New York Workers’ Compensation Law Section 29, if you receive a personal injury settlement from your third-party claim, you will be required to repay your employer’s workers’ compensation insurance company for whatever benefits the lawsuit paid you. In other words, you cannot receive compensation for your injuries from both the workers’ compensation insurance company and the third party.
In some cases, third-party claims can become complicated, such as in construction accidents involving multiple contractors, and without a skilled attorney by your side, you may not successfully recover the full compensation you need to recover. Working with a personal injury attorney is beneficial because an attorney can sometimes urge the insurance company to reduce the amount they require you to pay back (also known as a workers’ compensation lien).
If you believe you have a third-party claim, Buttafuoco & Associates can apprise you of your rights.
Steps to Take After a Workplace Injury
To recover maximum damages after a workplace injury, you must notify your employer of your injury within 30 days.
This must be done in writing.
It is also a good idea to take photos and videos of your injuries and the accident scene, focusing on any dangerous conditions that resulted in your accident. If there were witnesses, gather statements and contact information in case this evidence is needed by your attorney.
As with all personal injury cases, you must also seek medical care as soon as possible after your accident.
If you fail to do this, your employer or the workers’ compensation insurer could claim that your injuries were pre-existing, or that they resulted from an accident outside the workplace. Before you supply a recorded statement or sign any settlement agreement, speak with a New York personal injury attorney.
Buttafuoco & Associates provides free consultations to help you better understand your rights when a third party may owe you more than workers’ compensation allows.
Questions about a potential workplace injury lawsuit? Don’t hesitate.
Call 1-800-NOW-HURT.
