The TRUTH About Filing a Lawsuit for a Work Injury!

If you get injured at work, you're likely aware that you'll be awarded workers' compensation benefits to cover medical expenses and lost wages. But, can you sue and potentially get even more money? And if so, who can you sue and what can you sue them for? Let's dive into these questions and provide clear answers.

Workers' Compensation Basics

Workers' compensation is a "no-fault" system. This means that regardless of who caused the accident, you are immediately eligible to receive benefits for lost wages and medical coverage, even if you accidentally hurt yourself on the job. This is a crucial safety net, but there's a catch: you cannot sue your employer or coworkers for the injury, even if they are at fault. This trade-off typically results in less money than you might receive through a lawsuit but ensures faster compensation.

Workers' comp benefits cover about two-thirds of your average weekly wage up to a statutory maximum, along with medical benefits and disability awards. However, it doesn't cover pain and suffering, emotional distress, decreased quality of life, or other damages that a personal injury lawsuit might address.

Can You Sue for a Work Injury?

While you can't sue your employer or coworkers, you can potentially sue other parties involved. If your work injury was caused by someone other than your company or a coworker, you might be able to claim workers' comp benefits and file a personal injury lawsuit for additional damages.

Example: Car Accidents

Consider a common scenario: you're working for Joe’s Appliance Delivery and driving to drop off a new washing machine when someone runs a red light and t-bones your van, causing severe injuries. In this case, you have the right to sue the driver for compensation beyond what workers' compensation would provide.

Here’s how it works: Workers' comp will cover your immediate needs like medical expenses and lost wages. But once you’re able, you can discuss with your lawyer about filing a "third party lawsuit" against the driver who caused the accident. If you win this lawsuit, you can receive substantially more in damages. However, you will need to repay most of the workers' compensation benefits you received, known as a "workers’ compensation lien." A good lawyer can help negotiate this lien down.

Who Else Can You Sue?

Car accidents aren’t the only situations where injured workers can sue for additional compensation. Here are some other common scenarios:

1. Defective Equipment: If you’re injured due to defective equipment, you can sue the manufacturer.
2. Premises Liability: If you slip and fall on another company’s premises, you can sue them.
3. Negligence by Contractors/Subcontractors: If a contractor or subcontractor's negligence causes your injury, they can be held liable.
4. Animal Attacks: If you’re bitten by a dog or other animal while on the job, you can sue the animal’s owner.
5. Assaults: If you’re assaulted at work due to inadequate security, you can sue the responsible parties.

Construction Accidents in New York State

A particularly common scenario in New York State involves construction accidents. Due to strict liability laws, if a worker is injured in a fall on a commercial construction site, the site's owner may be held responsible for the injury, even if they are not at fault. All you need to prove in court is that you were working at a height, fell, and injured yourself. This also applies if something falls from a height and injures you. This strict liability is why you often see ads from lawyers asking, “Have you been hurt? Did you fall off a ladder or a scaffold?” These cases are common and often straightforward to win in court.

Conclusion

If you or a loved one has been injured on the job in New York and are considering a personal injury lawsuit against a third party, don't hesitate to reach out for legal assistance. Schedule a free consultation at 212-406-8989 to understand if you have a strong case. Our discussions are confidential, cost you nothing, and will help clarify your options.

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