When a person is performing their regular duties at their job and an injury happens, they will most likely file a workers’ compensation claim. However, there are a number of instances that can lead to an injury at work that may be better handled by a different claims process.
Here Are a Few Examples
While driving as a worker you are hit by another driver who is at fault and you suffer severe injuries
You are working at a machine shop and a machine malfunctions and injures you. You could have a product liability case against the manufacturer.
While at a construction site a worker from another contractor injures you through their negligence or his employers.
An Alternative to Workers’ Compensation
These and other instances of workplace injuries that may be covered by workers’ compensation could also be part of what is called a third-party action. In New York you cannot sue an employer for being injured on the job. Your medical bills and a benefit for some of your lost wages from workers’ compensation however will normally be paid. The payment for the lost time will of course cease when you return to work, but future related medical problems to the injury will be taken care of even after returning.
The other examples such as the faulty machinery may be an alternative to just accepting workers’ compensation benefits. Pain and suffering can be factored into a settlement such as this. If you have received benefits and win a judgment, the workers’ compensation carrier would be able to recoup some of the benefits paid to you in this case. As you can see, compensation for workplace injuries in New York can get complex without the aid of an experienced attorney.
The workplace injury attorneys can explain each of these options in great detail with you when you discuss this kind of accident with them. Their expertise will be invaluable in helping you make the right decision in which direction you should take.
