Workers' Compensation vs. a Lawsuit in New York
Workers' Compensation vs. a Lawsuit in New York
If you were hurt on a construction site in New York, you may have two separate paths to compensation: workers' compensation and a third-party lawsuit. They are not the same, and one does not necessarily replace the other. The answers below explain how they work together.
Frequently Asked Questions
Can I be compensated for damages not covered by workers' compensation?
Yes, for example, if somebody other than your employer is liable for your catastrophic injuries, we can help you secure monetary compensation for damages such as the reduction of your earning potential, past and future pain and suffering, and more.
What compensation can I get besides workers' comp?
You may be able to recover pain and suffering, full lost wages, and future damages, for example, if there were Labor Law violations.
Can I get paid for lost wages and future medical care?
Yes, you may be entitled to full lost wages and future medical care, such as via a third-party Labor Law claim. Lost wages may also be paid through workers' comp; a lawsuit may allow fuller recovery, depending on the facts and circumstances of your case.
What's the difference between workers' comp and suing?
Workers' comp generally provides limited benefits; NY personal injury lawsuits generally allow compensation such as damages for pain and suffering. Workers' comp is limited; lawsuits generally allow various types of damages, depending on the facts and circumstances of each case.
Can I get workers' comp and still sue in New York?
Yes. Depending on the facts and circumstances of each unique case, you may be able to pursue both at the same time. Both are allowed, depending on the facts and circumstances of your accident case.
Does workers' comp cover pain and suffering?
No. Pain and suffering is generally available through a lawsuit and/or pre-lawsuit claim, for example, as a result of Labor Law violations. Damages for pain and suffering generally require a lawsuit.
Who pays my medical bills after a construction injury?
Workers' comp generally pays first.
What happens if workers' comp denies my claim?
You may be able to appeal the denial and/or pursue legal action, such as a result of Labor Law violations. You may be able to appeal and/or pursue various other legal remedies.
Can my employer fire me for reporting an injury?
No. Retaliation is illegal under New York law. That is generally considered illegal retaliation.
What if my employer says the accident was my fault?
That does not automatically defeat your claim. Your boss's allegations of fault do not automatically bar your claim.
Hurt on a NY construction site? Learn how workers' compensation and third-party lawsuits work together. Free case review: 800.410.1111.
