Work-Related Injuries: What Every New Yorker Needs To Know

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Every year New Yorkers suffer injuries while on the job. Whether it be a construction site fall or a cubicle employee working in one of New York City’s sick buildings, work-related accidents can take on all forms. Many injured while working are confused about how work-related injury laws work in the city. If hurt on the job, do you file for workman’s comp or to file a personal injury lawsuit? There can be fine lines between the two on how you’re compensated.

If you’re in this situation, find an experienced New York personal injury lawyer. They’ll investigate your situation and determine exactly who’s at fault and which direction you need to go to recover your damages.

Workers’ Compensation Claims Versus Personal Injury Lawsuits

Being injured while on the job is something that should never happen. Unfortunately, it is a sad reality for many hard-working New Yorkers. Your workplace, whether on a busy job site or in a busy office, should be safe and hazard-free. However, workplace injuries do occur, and victims of these mishaps need to educate themselves about workers’ compensation versus personal injury lawsuits. They’re two entirely different things.

Workers’ Compensation

Most New York employers are required to carry Workers’ Compensation insurance coverage. If you’ve been injured on the job, the first step to filing a Workers’ Compensation claim is to notify your employer as soon as possible. This must be done in writing and within 30 days of the accident. You’ll need to include how the accident happened, the date and time of the incident, and what your injuries are.

You’ll also have to file formal Workers’ Compensation claim with the New York Workers’ Compensation Board, which can be done online. You can request a hearing with a Workers’ Compensation judge if your claim is denied. It is highly advisable to seek legal counsel beforehand to help you fight for your right to compensation.

New York Workers’ Compensation insurance will pay for medical treatments and/or rehabilitation therapy. You’ll be entitled to collect an average of two-thirds of your weekly income for the duration you cannot work.

Personal Injury Lawsuit

You can file a personal injury lawsuit if you are injured on the job and have sustained those injuries due to your employer’s negligence. You’ll have the burden of proving the following:

• Your employer owed you a reasonable duty of care
• Your employer didn’t afford you this duty of care
• This denial of duty of care caused an accident
• As a result of the accident, you were injured and suffered damages

Fortunately, many personal injury cases are settled outside of the courts, and this is typically achieved during the discovery phase of a lawsuit. You won’t have to prove negligence beyond a reasonable doubt. You will, however, need to prove a preponderance of the evidence, meaning that the negligent act more than likely did occur.

With a New York personal injury lawsuit, the plaintiff can seek far more damages than what’s allowed from a Workers’ Compensation case. For severe injuries, the victim can seek recovery for economic and non-economic damages. Economic damages can include:

• Medical bills
• Loss of income, tips, and bonuses
• Expenses related to traveling to and from medical appointments
• Residence modifications to assist with mobility issues

Typical non-economic damages can include:

• Physical pain and suffering
• Mental anguish and trauma
• Loss of consortium
• Loss of quality of life
• PTSD

Buyer Beware: Workers’ Compensation and Personal Injury Lawsuits

If you currently receive Workers’ Compensation benefits, you’re disqualified from filing a personal injury lawsuit under most circumstances. Under the Exclusive Remedy rule, New Yorkers who receive benefits from Workers’ Compensation have given up the right to sue their employer. If you’ve found yourself in this situation, you should consult a New York personal injury attorney who can investigate your case and decide your rights.

New York City Work-Related Injuries: Final Words

No one should be injured on the job, but work-related injuries can be all too common in a city without sleep. For some, Workers’ Compensation insurance will provide them with the means to stay afloat while tending to their injuries. However, a personal injury lawsuit allows injury victims to recover more damages for more severe injuries.

Before you sign on the dotted line for a workers’ compensation claim, speak to a New York City personal injury lawyer. They can assess your situation and help you make the best decision if a personal injury lawsuit will yield better results.

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