Third Party Claims for Work-Related Injuries
You’ve been hurt on the job. Maybe you were in a car accident while performing the duties of your employment. Maybe you slipped and fell, or were hurt when a machine or tool malfunctioned. Your first course of action will likely be to file a workers’ compensation claim. Under New York law, when you’ve been hurt on the job, you have a right to seek benefits through such a claim.
But is that your only recourse to recover compensation? Not necessarily.
The workers’ compensation laws were established to provide benefits for both workers and employers. As an injured worker, you don’t have to go through the long and tedious process of filing a lawsuit, gathering evidence and going to trial. As a result, you can usually start receiving benefits within a few weeks, provided your claim is approved. As an employer, you don’t have to worry about a sympathetic jury coming back with an astronomical verdict, as the workers’ compensation laws identify the specific amount an injured worker will receive.
But the workers’ compensation laws are intended to address only the liability of your employer or a co-employee. If you are injured because of the negligence of someone other than your employer or a co-worker, you still have the right to file a civil lawsuit to recover damages. In fact, you can file a lawsuit simultaneously with an application for workers’ compensation benefits. Be aware, though, that you won’t be able to recover double damages. If you receive workers’ compensation benefits that pay for medical expenses, you can’t recover the costs of medical care from a third party.
Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.
Pyrros & Serres LLP
Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys