Despite some overlap between personal injury third-party claims and workers’ compensation claims, there are also very important differences between the two as any of the workers compensation lawyers in NYC Area will tell you. Understanding the similarities and differences of these two types of claims will allow you to better evaluate your options in the event you are involved in an accident. If you or a loved one has been injured in an accident, or if you would like more information on these types of claims, you can request a free case consultation with one of the experienced NY workers compensation lawyers in your area.
Determining Fault
One of the main differences between personal injury third-party claims and workers’ compensation claims is establishing fault or showing evidence that someone else caused the injury. NY workers compensation attorneys will know how to guide you in the process. For personal injury claims, you will need to prove that a certain person or entity was at fault for your injury in order to receive compensation. This is generally accomplished by establishing that a person or entity was negligent and that their negligence resulted in your injury.
In some cases, the fault will be difficult to prove, or it may be the case that you are also at fault for the accident. If you are at fault, you will need one of the best NYC Area workers compensation attorneys. In the scenario where you are at fault, it will likely be difficult to receive compensation for your injuries. In contrast, for workers’ compensation claims, you may be allowed fair compensation whenever you are involved in an accident or are injured while on the job. This is because establishing fault is not part of the workers’ compensation claim process. This means that you will not be required to prove that your employer did something wrong in order for you to receive compensation.
Third Party Claim
If you get injured on the job and a third party is partly at fault, you might be eligible to file a claim against that third party. The third party claim is in addition to the worker’s compensation claim. So, you would have two claims opened at one time. An example of third party claim would be you driving the company car and being hit by another driver in an auto accident. Your lawyer would contact the other driver’s insurance company to open a third-party claim and also open a workers’ compensation claim against your employer. If you work as a courier for a company and you went to a client’s home to deliver a package and had a slip and fall accident or dog bite and the homeowner is at fault, you could file a third party claim and a workers’ compensation claim for your injuries.
Assessing the Damage
Another critical difference between personal injury claims by a third-party and workers’ compensation claims on the job is the types of damages you are entitled to. In third-party injury cases, you may be entitled to compensation for all the damages that you can establish. Such damages can include economic damages (loss of wages, loss of earning capacity, medical bills, future medical expenses, etc.) and non-economic damages (pain and suffering, loss of enjoyment of life, etc.) On the other hand, workers’ compensation claims only allow for the recovery of economic damages.
So, for example, as any of the workers compensation attorneys in NYC Area will tell you, if you are injured on the job and apply for workers’ compensation benefits, you can be compensated for things like lost income, medical expenses, and vocational rehabilitation, but not for damages associated with pain and suffering. Additionally, workers’ compensation benefits regarding lost income generally come in the form of weekly or periodic payments, unlike personal injury damages by third parties, which can be collected in a lump sum.
Consult an Attorney
Even though, companies carry large insurance coverage for workplace injuries, many of those insurance companies will try to downplay your injuries or deny your third-party claim. You can contact one of the most reputable NYC Area workers compensation lawyers to take your case and help you to obtain the right compensation for your injuries. Rella & Associates has a team of lawyers ready to help with your workers compensation claim.