Can you file personal injury lawsuits when getting workers’ comp?

On Behalf of | Oct 8, 2022 | Personal Injury

Workers who suffer injuries on the job benefit from their employer’s workers’ compensation insurance policies. The coverage provided by the employer will pay for an injured worker’s medical care and can also provide them with disability benefits until they can resume gainful employment.

The workers’ compensation program in New York is a no-fault insurance system. Workers that need benefits neither need to show that they are completely blameless for their injuries nor proof that their employer is at fault. They simply need evidence that their medical condition is the result of their job.

Can injured workers also pursue personal injury lawsuits in conjunction with a workers’ compensation claim?

Injured workers may need additional support

Although workers’ compensation does cover 100% of an employee’s necessary medical expenses, wage replacement leaves much to be desired. Especially in the construction industry where workers command competitive wages, disability benefits may fall far short of what an employee really requires to pay their bills.

In a situation where a worker has more expenses than they can recoup through workers’ compensation, a third-party lawsuit could be a viable option. New York law creates liability for businesses and property owners when a worker gets hurt in a gravity-related incident. There could also be a business that manufactured a defective tool or an individual who drove while drunk and knocked over scaffolding, causing your injury.

When there is a business or a specific person who caused the workplace incident that left you injured through negligence or illegal activity, you could potentially file a civil lawsuit against that party to recoup all of your losses not covered by workers’ compensation.

Maximizing what you receive often requires support

Whether you need to negotiate a lump-sum settlement for your workers’ compensation claim or to take action against a tool manufacturer or a building owner, getting proper support can make a big difference for your financial future.

Not only can the workers’ compensation claim process be complicated, but negotiating with a liable party and preparing a lawsuit will be very difficult for the average person to manage. Partnering with an attorney to get compensation for your construction injuries can help you get benefits and potentially pursue a civil claim as well.


Verdicts &

10 Best | 2017-2024 | Attorney Client Satisfaction | American Institute Of Personal Injury Attorneys(TM)
The National Trial Lawyers | Top 100
Rated By Super Lawyers | Howard R. Sanders |
New York Law Journal | New York | New York's Top Rated Personal Injury Lawyers
BBB Accredited Business | Howard R. Sanders Esq.

RSS Feed

FindLaw Network

Our Practice Areas



Motor Vehicle