Workplace Personal Injury: When Can You Sue Outside of Worker’s Compensation?

Work injury

In New York City, most employees are familiar with the workers’ comp posters and information provided by their employer and available in their workplace, lunchroom, or employee handbook.That said, some employees do not understand they may also be able to sue for money damages beyond what they are provided by workers’ comp if they are injured on the job.

A big difference between a workers’ comp claim and a personal injury lawsuit is a finding of fault, or negligence. Worker’s comp policies are created so that you can get medical help and partial wage replacement if you are injured, without having to prove that your employer was negligent, or at fault.If you are injured, you file for benefits, and hopefully experience 100% physical recovery.

There are also times if workers are injured on the job when they can step outside of workers’ comp and sue someone other than their employer for the event that caused their injury.If you are injured by someone other than a co-worker, you may have a claim against a third-party.A third-party defendant would be someone who caused your injury, or contributed to the event that caused your injury—but who does not work for your employer.

Here are a couple of examples where that might come into play:

  • Construction sites:On a construction site there can be many workers employed by different businesses or contractors.Equipment and vehicles used on the job, or to deliver materials to the workplace may be owned or operated by still other companies.Oftentimes an employee of one company is injured by the employee of another company, or by equipment operated or maintained by another party.If injured on a New York City construction site, careful investigation by a personal injury attorney reveals whether a third-party is responsible, or partially responsible, for your injury.
  • Motor vehicle crashes:If part of your workday involves use of a car or truck, there is a chance you could be involved in a motor vehicle crash caused by someone else during your work hours.If you are making a delivery, or picking up materials, and are hit by a distracted or otherwise negligent driver and suffer injury, you may have a third-party claim against that driver in addition to benefits received from a workers’ comp claim.
  • Property dangers:Part of your job may be working on premises owned or operated by others, whether it is a corporate business, a retail store, or other setting.If you are injured by conditions on that property, such as suffering an electrical shock, or falling down because of poor property maintenance, you may have a third-party personal injury claim against the individual or business on whose property you were injured—in addition to your workers’ comp claim.

If you are seriously injured at work, it is worth a call to a reputable injury lawyer in New York City to talk about the circumstances of your injury, and whether a personal injury lawsuit may be appropriate in your case.You may find you have additional options to gain compensation to help recover from your injury.

Knowledgeable New York City personal injury attorneys answer your questions about injury

Located on Madison Avenue, Robinson & Yablon, P.C provides trusted, experienced legal service if you are injured on the job or elsewhere.If you or a loved one is hurt, talk to our legal team to understand your options. Call (646) 832-2853 or contact us today to discuss your case.

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