Are you Able to File Both a Workers Compensation Claim and a Personal Injury Claim for Your Injury in New York State?

There are differences between personal injury law and Workers Compensation law in The State of New York. In most cases, Workers Compensation cases and personal injury claims are handled separately. Littman & Babiarz, Attorneys at Law, are experienced personal injury lawyers in Auburn, Syracuse, Ithaca, and Elmira, as well as Workers Compensation attorneys in New York State.

When you become injured because of an intentional act or negligence of another party, you may file a personal injury claim. When deliberate acts or negligence cause you an injury in the workplace, you must file a claim for Workers Compensation benefits. According to the laws of New York that govern labor, you cannot sue your employer or other employees for a personal injury claim.

Workers Compensation Claims

According to the New York Workers Compensation law, all medical expenses, including therapy and medications that are necessary for your recovery, are completely covered. Your case will be managed by the New York State Workers Compensation Board, which will demand multiple diagnostic tests and examinations to prove your inability to work and level of disablement.

If your injury claims are disputed or denied, you will need the assistance of Workers Compensation lawyers in Ithaca. Littman & Babiarz, Attorneys at Law, are well-versed in Workers Compensation law in New York and can help ensure you receive the benefits you rightly deserve for your injury and recovery.

Personal Injury Claims

In situations where you become injured outside the workplace, a personal injury claim can be filed against another party. Personal injury claims can recover damages for medical care, damage to or loss of property, loss of wages, pain and suffering, and loss of quality of life. The burden of proving the other party’s guilt or negligence is on the party filing the personal injury claim. Littman & Babiarz are personal injury lawyers in Syracuse, and can help you build a solid personal injury case.

Can Workers Compensation Claims and Personal Injury Claims Ever be Combined?

A Workers Compensation claim and a personal injury claim can both be pursued if a third party’s negligence is involved. The personal injury claim could be filed against the third party. Following are some examples of situations where New York law allows for Workers Compensation claims and personal injury claims.

Work-Related Car Accidents

A common example of a third-party claim allowed alongside a Workers Compensation claim is when an employee is involved in a car accident while driving for work. If you are driving as part of your job and get into a car accident that isn’t your fault, you may be able to sue the other driver in a third-party lawsuit. This means you could collect Workers Compensation and pursue a lawsuit for damages not covered by Workers Compensation, such as pain and suffering, future lost wages and damage to your vehicle.

Injuries That Happen on Someone Else’s Property

If you are injured due to a dangerous condition while working on someone else’s property, you may be able to sue the property owner or manager in a third-party lawsuit while also collecting Workers Compensation from your employer.

Injuries to Subcontractors Working on Construction Sites

General contractors are responsible for maintaining a safe environment for everyone working on a construction site, including the sub-contractors. If your injury resulted from a safety violation, including violations of the Labor Law, you may be able to bring a third-party lawsuit for pain and suffering against the general contractor or property owner in addition to your Workers Compensation claim.

Littman & Babiarz – Workers Compensation Lawyers in Auburn

The laws in New York State concerning personal injury cases and Workers Compensation cases can be complicated. The experienced attorneys of Littman & Babiarz can answer your questions and provide guidance concerning personal injury claims and Workers Compensation claims, and even determine if you are eligible to file both. Give us a call at 607-277-7527 or contact us online to schedule your free consultation.