Should I claim workers' compensation or file a work injury lawsuit?

Workers' Compensation Computer Screen With Gavel and Scales of JusticeIf you were injured on a job site, one of the first things you should do is file for workers' compensation for your construction injury. As a construction employee in the State of New York, you are guaranteed benefits for your lost wages and medical benefits after you are hurt at work. However, if someone other than the employer caused your injury, you could also be eligible to file an injury lawsuit against the negligent party.

You May Collect Workers' Compensation While Filing a Work Injury Lawsuit

State workers' compensation laws only prohibit you from suing an employer after a construction site injury. They do not prevent you from filing suit against third parties, such as a negligent subcontractor or building site owner. It may even be in your best interest to pursue both workers' compensation claims and a third-party lawsuit, as workers' compensation benefits only provide limited payment for employee losses.

On the other hand, there are many types of damages available in third-party claims, such as:

  • Lost future wages. Workers' compensation offers long-term disability benefits after an injury, but these may fall short of the potential salary you might have earned in your lifetime had your career not been cut short.
  • Emotional distress. A severe physical injury can cause added stress, psychological trauma, and bouts of depression and anxiety about the future. A third party may be compelled to compensate you for your mental and emotional suffering.
  • Pain and suffering. Some injuries are especially heinous, causing continual pain and inconvenience that robs the victim of a normal life. Workers who are unable to do the things they once enjoyed, are unable to have children, cannot live independently, or have lost a loved one may be owed significant compensation as a result.

Our construction accident attorneys can tell you who could be liable for your pain and suffering and calculate the full compensation you are owed—and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You're Not Alone.

 

Timothy F. Schweitzer
Connect with me
Personal injury lawyer specializing in maritime, construction and railroad injury claims.