Workers’ Comp or Lawsuit? 3 Considerations
When you get injured at work, one of your first thoughts may be to file for workers’ compensation. Workers’ comp can cover lost wages while you are unable to work. But you may have other options.
In addition to workers’ comp, you may be able to file a personal injury lawsuit. If you’re unsure whether to file for workers’ comp or a lawsuit, here are three considerations to help you understand what you’re entitled to when you’re injured at work.
1. Who is at Fault
Workers’ compensation applies when proper safety equipment or other measures taken by you or your employer could have prevented your injury.
However, sometimes the fault lies with a third party, like the building owner. In that case, while you may still claim workers’ comp, you can also file a personal injury lawsuit against that third party.
Plus, workers’ comp only covers your lost wages, whereas a personal injury settlement encompasses medical expenses and pain and suffering.
2. Type of Accident
Certain types of injuries and accidents can mean that someone other than your employer was responsible for your injury.
Sometimes the property owner creates an unsafe situation for workers on the premises, which may qualify as negligence on their part. In such cases, you can file a personal injury claim for the owner’s negligence.
3. Intent of Harm
Sometimes, even if the fault of your injury lies with your employer, you can still file a personal injury lawsuit in New York. For example, if your employer created a situation that intentionally harmed you, you can move beyond the realm of workers’ compensation.
A personal injury lawsuit also applies if harmful substances are involved or if your employer doesn’t have workers’ compensation insurance to protect their employees.
How Can We Help?
If you’ve been injured on the job, your Staten Island personal injury lawyers at Helbock & Nappa, LLP, can get you the compensation you deserve. Call us at 718-273-9000 or contact us online to request a consultation.