Can I File a Personal Injury Claim for a Work Accident?
Being injured on the job is unpleasant, but most businesses carry workers compensation coverage. Unfortunately, this coverage is limited and restricts you from filing a personal injury claim in many cases.
Fortunately, a few exceptions allow you to file such a lawsuit. Your New York work accident lawyer from Greenstein & Milbauer, LLP will explain your case’s possibilities in a clear and comprehensive way.
What Is Workers Compensation?
Workers compensation is insurance employers are required to carry that provides monetary benefits and medical care for those who get injured or become ill as a direct result of their employment. It covers some expenses associated with workplace injuries, but it’s often far too little to fully account for injured workers’ injuries.
Difference Between Work Comp and Injury Claims
Personal injury claims can cover the full extent of your damages. That means a successful injury claim could win you compensation for all of your lost income—not just a portion of it. And you could also be compensated for non-economic damages like pain and suffering, which work comp doesn’t cover.
Another key difference between workers comp and personal injury claims is that work comp claims don’t really consider who was at fault for your accident, but injury claims hinge on another person having caused your injuries through negligence or purposeful actions.
Can I File an Injury Claim for My On-the-Job Accident?
It’s complicated. Workers comp is meant to prevent lawsuits, but there are some exceptions. For example, if your employer does not carry work comp insurance, you can pursue compensation for your damages through an injury claim.
Also if your employer knowingly put you in harm’s way and you were hurt as a result, you could sue your employer directly instead of going through the work comp system.
Other instances in which you could file a personal injury claim for a work accident mostly involve third parties other than your employer. The following situations are some common examples:
- You were harmed by a toxic substance or defective product at work. In such cases, you might end up seeking compensation from the manufacturer of the substance or product that harmed you.
- A third party other than your employer hurt you. For example, a construction worker who was hit by a motorist at a roadside construction site may be able to seek compensation from the careless driver.
A qualified personal injury lawyer can analyze the details of your claim to help you understand whether you qualify for personal injury compensation.