In New York, workers’ compensation is a type of insurance that helps employees if they get hurt or become sick because of their job. When a person is working and gets injured or sick due to something related to their job, they can file a workers’ compensation claim. The purpose of workers’ compensation is to provide support to the injured worker without the need to prove anyone’s fault. This means that, in most cases, the injured worker does not need to show that the employer did anything wrong to receive benefits. It is a system designed to quickly provide medical care and financial support to employees, so they can recover and, if possible, return to work.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Workers’ compensation in New York offers different types of benefits, including payment for medical bills and lost wages. Medical benefits cover doctor visits, hospital stays, and any necessary medications related to the injury. Lost wage benefits can help replace part of the worker’s paycheck if they are unable to work because of their injury. However, the amount received may not cover the worker’s full salary. This is done to help them get by while they recover.
In New York, workers are generally not allowed to sue their employers if they accept workers’ compensation benefits. This is because workers’ compensation is a “no-fault” system. This means that it doesn’t matter whether the accident was the worker’s fault, the employer’s fault, or nobody’s fault. The worker still receives benefits as long as the injury happened on the job or because of the job. This system aims to protect both the worker and the employer. The worker receives financial support without having to go through a long legal process, and the employer avoids the risk of a lawsuit. But if the injury was caused by someone other than the employer, such as a third-party contractor, the worker might still have the option to file a lawsuit against that person. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to guide you through the legal process and help you navigate the complexities of your case.
Exploring Personal Injury Claims in New York
Personal injury claims are different from workers’ compensation claims. They occur when a person is hurt because of someone else’s carelessness, and it is not limited to workplace injuries. Personal injury claims can happen anywhere, including car accidents, slip and falls, and medical malpractice cases. In these cases, the person who is injured can file a personal injury lawsuit against the party responsible for their injuries. Unlike workers’ compensation claims, personal injury claims require the injured person to prove that someone else was at fault. They need to show that the other person’s negligence caused the injury. This often means collecting evidence, such as photos, witness statements, and medical records, to prove that the accident happened due to someone’s carelessness.
A personal injury claim allows the injured person to ask for damages beyond just medical expenses and lost wages. In addition to compensation for medical bills and lost income, a person may also seek damages for pain and suffering, emotional distress, and other hardships caused by the injury. Pain and suffering damages are meant to compensate for physical and emotional pain caused by the injury, while emotional distress covers mental health impacts. This means that personal injury cases may result in higher payouts compared to workers’ compensation claims, but they also require more effort to prove the case.
Unlike workers’ compensation cases, personal injury cases are not handled through an insurance system that automatically provides benefits. Instead, personal injury claims are usually resolved through negotiations with the other party’s insurance company or in court if a fair settlement cannot be reached. Since personal injury cases often involve proving someone’s fault, they can take longer to settle than workers’ compensation claims. The injured person or their lawyer needs to gather evidence, and sometimes witnesses are brought in to explain the cause of the injury or the extent of damages. Because personal injury claims can be complex and time-consuming, many people hire a lawyer to help them through the process.
How Workers’ Compensation and Personal Injury Claims Are Handled Differently
The main difference between workers’ compensation and personal injury claims in New York lies in how they are handled and what the injured person needs to prove. Workers’ compensation is designed to provide fast relief for employees who get hurt or sick at work, without needing to prove fault. On the other hand, personal injury claims require proof of someone else’s negligence or responsibility for the injury. Workers’ compensation claims are usually resolved more quickly because they do not require lengthy investigations to determine who was at fault. In personal injury cases, however, the injured person or their lawyer must gather evidence to show that someone else’s negligence caused the injury. This can involve interviewing witnesses, looking at security footage, or obtaining records to prove that someone else is to blame for the accident.
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Workers’ compensation claims are usually handled through an administrative process with New York’s Workers’ Compensation Board, while personal injury claims are handled in civil court if they go to trial. The goal of workers’ compensation is to make the process of receiving benefits simpler and faster for employees. This system is managed by the state and ensures that employees can quickly receive benefits. Personal injury cases, however, may involve a trial, and the outcome depends on whether the judge or jury finds the other party responsible. Trials can take months or even years to complete, depending on the complexity of the case and the evidence required.
Another difference is the types of damages or payments each type of claim offers. Workers’ compensation pays for medical expenses and partial lost wages, but it does not cover pain and suffering or emotional distress. Personal injury claims, however, can include these additional damages, which can lead to larger payouts if the case is successful. For workers who are only interested in medical coverage and wage replacement, workers’ compensation may be enough. However, if they feel their injury has caused additional pain, mental health issues, or life disruptions, they might consider filing a personal injury claim instead if allowed by the circumstances.
When Can an Injured Worker Choose a Personal Injury Claim Instead?
Most of the time, New York workers cannot file a personal injury claim against their employers due to the workers’ compensation system. However, there are certain situations where an injured worker may still have the option to file a personal injury claim. One example is if the worker was injured by a third party, such as a contractor or equipment manufacturer. For instance, if an employee is hurt at work because of faulty equipment made by another company, they may be able to sue the equipment manufacturer for damages. Similarly, if a delivery driver is injured in a car accident caused by another driver while on the job, the driver may file a workers’ compensation claim for benefits from their employer and a personal injury claim against the at-fault driver.
In cases where both types of claims are possible, it may be beneficial to explore a personal injury claim in addition to a workers’ compensation claim. This can provide the worker with additional compensation that workers’ compensation alone cannot offer. Workers should consult with a lawyer to understand their options fully, as each case is different and has unique details that could impact their decision. Some workers may prefer the simplicity and speed of workers’ compensation, while others may pursue a personal injury claim to seek more compensation for the impact of their injury.
Choosing Between a Workers’ Compensation and Personal Injury Claim
Choosing between a workers’ compensation claim and a personal injury claim can be challenging. Each option has advantages and disadvantages, depending on the situation and the worker’s goals. Workers’ compensation provides faster access to benefits without needing to prove fault, which can be helpful for those who want quick support while they recover. However, it also limits the amount and types of compensation, as it does not cover pain and suffering or emotional distress. Personal injury claims can potentially provide more compensation, including payments for pain and suffering, but they require proof of negligence and may take much longer to settle.
It is also possible to pursue both types of claims if the worker was injured by a third party while on the job. This allows the worker to receive benefits through workers’ compensation while also seeking additional damages from the responsible third party. Consulting with a lawyer can help injured workers understand their options and make the best choice for their situation. An experienced attorney can provide guidance on which path may result in better outcomes based on the specifics of the case.
If you have questions about your injury claim or are unsure whether to file a workers’ compensation or personal injury claim, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help. Our team understands the complexities of injury claims in New York and can guide you through each step to make sure you receive the support you deserve. We are ready to assist you in making the best decisions for your case. Contact us today to discuss your situation and learn more about your rights and options.