Filing A Personal Injury Claim For A Work Accident
After a serious workplace injury, workers’ compensation can provide the employee with funds to help cover the costs of the accident. While these funds are necessary, they may not be enough. Is it possible to find additional income from another source?
At the Steenberg Law Firm, we offer injury victims the help they need to maximize the compensation they receive for their injuries. We know how to work with the relevant laws to help you receive fair and full compensation from every applicable source. There are even laws relating to filing a workers’ compensation claim and a personal injury claim for the same accident.
Which Laws May Relate To Your Injury
The New York state workers’ compensation law bars injured workers from suing their employer or co-worker for suffering an injury on the job, except for a few rare exceptions. Thus, for the vast majority of work injuries, workers’ compensation is your exclusive remedy.
But for some people who suffer an injury at work, it is possible to have both a workers’ comp case and a personal injury lawsuit in civil court at the same time. This situation generally arises when a “third party” (i.e. someone other than your employer) is involved in causing your work injury.
Why File A Personal Injury Claim?
A personal injury lawsuit has a major advantage over a claim for workers’ compensation: a personal injury award allows damages for the injured party’s “pain and suffering.” This is not the case in a New York state workers’ compensation case.
Injured workers can sue under a theory of negligence if someone other than the employer or a co-worker is responsible for the harm. However, personal injury lawsuits against a third party are not always obvious to spot.
For example, a third party might be the designer or manufacturer of unsafe industrial equipment which caused or contributed to the work injury. Many factory machines are just by nature very unsafe but have safety or emergency switches to stop operation at the sign of trouble. If that safety switch or “kill switch” failed to work as intended and caused a severe injury, the designer or manufacturer of the machine could be liable for that additional harm.
Choose Committed And Compassionate Representation
We know the hardships that come with a serious personal injury. While you are fighting to recover your health, you should not also have to fight for the income you deserve. We help clients after injuries that came from their job or otherwise, and we have the experience to provide you with a swift and efficient resolution.
After a serious injury, call 716-558-2000 or email us here to if you have any questions about an injury you or a loved one may have suffered. We offer free initial consultations to make the first step in your compensation claim even easier, so contact us today.
For more information, please see our personal injury FAQ page.