You expect to be able to perform your job in a safe environment, and to go home at the end of the day healthy and well. Unfortunately, however, many workers go onto their job site or their place of business and wind up getting seriously injured. With medical bills piling up, missed time earning money at work, and uncertainty about your future, what legal rights do you have in the wake of incurring a job injury?
It’s time to look into a workers’ compensation claim and potentially a third-party lawsuit. Together, these two legal actions offer potential avenues for paying bills and helping you heal from your workplace injury. Reach out to the New York City attorneys of Bornstein & Emanuel, P.C. to secure your future today.
How Does Workers’ Compensation Help Accident Victims?
Workers’ compensation (or worker’s comp) provides money and medical care to employees who get hurt or get sick as a direct result of their job duties. Employers carry workers’ comp policies on their employees, and the insurance company will pay weekly cash benefits and medical coverage for an injured or ill worker. The cash is intended to be a partial wage replacement.
Unlike personal injury lawsuits, workers’ comp is not fault-based, which means that the amount of compensation is not affected by the worker’s negligence (although an accident caused by drug or alcohol intoxication or an intentional act is not covered). Sometimes there are disputes over whether the accident occurred in the scope of employment, and the employee may need to hire a New York City attorney to assist.
When Can You Pursue a Third-Party Claim?
If you are hurt on the job, you can file a workers’ comp claim to receive partial wage coverage and medical coverage. However, workers’ comp does not provide for pain and suffering and it may not cover your future medical needs. Also, under the New York workers’ compensation system, an employee generally cannot sue their employer for more money.
But they may be able to sue a third party that was responsible for the accident. An example of this concerns construction site accidents. In cases like these, it is possible that third parties such as the property owner or the general contractor may be held liable.
For instance, if the owner of the property neglected to correct a hazardous condition that made the working environment unsafe, and someone got hurt, the worker may have a claim against the owner. General contractors may also be responsible for the negligent actions of subcontractors who fail to provide reasonable and adequate safety.
Why You Need Experienced New York Legal Counsel
While you may have a workers’ compensation claim after sustaining a workplace injury, our legal team can help you determine whether you might also be able to file a third-party lawsuit against the property owner or some other party. More specifically, when you retain our firm, we will:
- Investigate the circumstances surrounding your injury
- Determine who may be held accountable for your injuries in a third-party lawsuit
- Calculate a fair monetary value for your damages, including reasonably estimated future ones
- Handle all negotiations and communications with the defendant’s insurance company
- If an out-of-court resolution cannot be reach, take your matter to court in New York City
Were you hurt on the job site and want to know more about your rights? Connect with our dedicated and compassionate law office to start working on your case. You can complete our online contact form or give us a call to get started.
