In New York, workers’ compensation is typically the sole remedy available when someone is injured on the job. However, there are certain circumstances in which you may be able to file a lawsuit to recover additional compensation. These types of cases are complex, so it’s crucial to find a workplace injury law firm well-versed in handling employer negligence claims. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers have more than 30 years of experience helping clients in the greater NYC area navigate the process.
Workplace Injuries and Personal Injury Claims
Workers’ compensation covers medical bills, wage replacement benefits, funeral costs, death benefits, vocational rehabilitation, and more. However, it doesn’t provide compensation for damages such as pain and suffering. If you’ve been hurt at work, it’s vital to explore all potential sources of financial relief, especially if you’ve suffered a grave injury such as amputation or disfigurement.
In New York, workers are typically prohibited from suing their employer if they file a workers’ compensation claim. It’s also important to keep in mind that negligence alone is not aufficient cause to file a lawsuit against your employer. There are limited circumstances where an employee may sue their employer for a workplace accident. Consulting a workers’ comp attorney and personal injury lawyer can help you find out if a potential lawsuit is viable and how to proceed. You may be able to file a lawsuit if:
- Your employer has insufficient workers’ compensation insurance or none at all
- Your employer intentionally caused an injury
- Your employer has discriminated against you for having filed a workers’ compensation claim
Third-Party Work Injury Lawsuits
Sometimes an injury isn’t caused by employer negligence, but by a third party. For example, if you work for a landscaping company and suffer an illness caused by a pesticide that was frequently used, an occupational disease lawyer could help you bring a lawsuit against the manufacturer of the product.
Common liable parties who may be involved in work-related injury lawsuits include:
- Construction subcontractors
- Manufacturers of tools, equipment, or toxic substances
- Other motorists when you’re involved in a car accident on the job
- Property owners
Although it’s possible to bring a personal injury claim against a third party while receiving workers’ comp benefits, it’s important to do so carefully to maximize your recovery.
Maximizing Work Injury Compensation
If you’re awarded compensation in a third-party lawsuit in New York, you may be required to reimburse your employer’s workers’ compensation carrier for the benefits received in your workers’ compensation claim. This is to prevent people from “double dipping” and collecting excessive awards for work injuries.
If you don’t have experienced workers’ compensation attorneys and personal injury lawyers by your side, you may end up with much less compensation than you would have otherwise. A workplace injury law firm should include seasoned workers’ comp lawyers who collaborate with personal injury lawyers to help maximize the total amount of compensation you receive.
Your attorneys will negotiate on your behalf and help work out an arrangement that provides the most benefit to you. For example, a “global settlement” allows you to close out your workers’ comp claim in exchange for a lump sum settlement. This settles both cases at the same time. The workers’ compensation insurance company may reduce the amount it would usually take from your personal injury settlement.
Regardless of whether you’ve suffered a life-altering injury or a moderate injury that you may be able to recover from, hiring skilled attorneys who focus on practice areas such as workers’ comp and social security disability can give you the resources you need to protect your health and financial stability.
Contact a Greater NYC Workers’ Compensation Lawyer to Learn More
If you or a loved one has been hurt due to employer negligence, you don’t have to suffer in silence. Our team at Nappa, Monterosso & Poznansky, LLP can take some of the weight off your shoulders and help you obtain the benefits and compensation you deserve. As the largest workers’ comp firm in Staten Island, we help clients throughout the greater NYC area put their lives back together after workplace injuries. Our attorney Rolando Cubela is a fluent Spanish speaker who is happy to assist multi-lingual clients.
To schedule a case evaluation for your workers’ compensation or social security disability claim, call us at 718-273-9000 or contact us online.
