Construction Accidents in NY: Workers’ Comp Claims vs. Personal Injury Claims
Construction work is one of the most dangerous professions. Every year, countless construction workers get hurt on job sites due to falls, accidents involving heavy machinery, and various other dangers. When such accidents occur in New York, victims are not only left enduring physical suffering, but also mounting medical bills, lost wages, and ongoing financial stress. Understanding your legal options after a construction accident is vital.
In New York, workers who suffer injuries on construction sites have two paths through which they can seek compensation: a workers’ compensation claim or a personal injury lawsuit. Each option has its own rules. If you have been injured in a construction accident, it is vital that you understand the difference between a workers’ compensation claim and a personal injury claim.
What Is a Workers’ Compensation Claim?
Workers’ compensation, also known as workers’ comp, is an insurance program that provides benefits to employees who are injured while on the job, regardless of who is at fault. In New York, virtually all employers are required to provide workers’ compensation coverage for their employees.
After suffering an injury while on the job, your employer’s workers’ compensation insurance company is required to provide several benefits, including;
- Coverage for medical treatment related to the injury
- Partial wage replacement for lost income
- Permanent disability benefits if you suffer long-term impairment due to the injury
A key feature of workers’ compensation is the no-fault system. This means you don’t need to prove that your employer was negligent to recover compensation. Also, you can recover compensation even if you did something that contributed to your injury.
However, in exchange for workers’ comp being a no-fault system, you cannot sue your employer for additional damages not covered under workers’ compensation, like pain and suffering. In other words, workers’ compensation is the exclusive remedy for workplace injuries, protecting employers from personal injury lawsuits for additional damages.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action that you file against a party whose negligence caused your injury. Personal injury lawsuits are different from workers’ comp claims in that they are fault-based. To recover compensation, you must prove that another party’s negligence caused your injury. In the case of a construction accident case, this could involve proving that;
- A subcontractor failed to follow safety protocols
- A property owner was responsible for hazardous conditions
- A faulty equipment caused your injury
Another major difference between a personal injury lawsuit and a workers’ compensation claim is the compensation you can recover. In a personal injury claim, you can recover compensation for your full lost wages and other damages not covered under workers’ comp, such as pain and suffering and lost future earnings.
Can You File Both?
Depending on the specifics of your case, you may be able to file a workers’ compensation claim and a personal injury claim at the same time. For example, if you were injured due to faulty equipment, you could recover workers’ comp benefits from your employer and sue the equipment manufacturer for additional compensation.
It is vital to act fast and consult a New York construction accident attorney who can help you navigate deadlines, gather evidence, and maximize your recovery.
Contact a Construction Accident Lawyer
If you’ve been injured in a construction accident in New York and need help understanding your legal options, contact a Long Island construction accident lawyer at Jacobson Law today.
