Workers’ compensation protects professionals, as well as their employers. Most businesses in New York have an obligation to carry workers’ compensation coverage. Their policies can help support workers who get hurt on the job.
Compliance with the law also effectively indemnifies the company from direct litigation if employees get hurt. Employers don’t need to worry about worker lawsuits, as workers’ compensation provides the baseline financial support the employees require after getting hurt on the job. Typically, fault is not a consideration in a workers’ compensation claim. Regardless of who is to blame for the worker’s injury, the same benefits are available.
That being said, some work injuries are clearly the fault of a third party. That is particularly true in construction-sector incidents. Professionals hurt on the job can initiate workers’ compensation claims to request medical coverage and disability benefits. Can injured professionals also file a lawsuit against a third party that may be to blame for their injuries?
Outside parties could be liable for losses
Fault can provide the basis for a personal injury lawsuit against a person or business, even if it doesn’t impact workers’ compensation claims. There are many scenarios in which an injured professional can credibly assert that an outside party is to blame for their injuries.
New York’s scaffold law holds property owners and their agents accountable for gravity-related incidents that occur at construction sites. Defective products that lead to worker injuries could provide the basis for a product defect lawsuit brought against a manufacturer or a rental company that did not properly manage resources.
Professionals injured due to car crashes or criminal behavior may also have the option of filing a personal injury lawsuit in addition to a workers’ compensation claim. A lawsuit could help replace the portion of lost wages not directly covered by workers’ compensation disability benefits. Lawsuits can also help workers pursue the financial support they may require to pay for future medical care.
Injured professionals trying to navigate complicated workers’ compensation claims or prepare for a third-party liability lawsuit may need support. Having support when taking action after a construction incident or a similar scenario leads to serious injuries can help professionals protect themselves financially.