When an employee is injured on the job, they may be entitled to compensation. However, understanding the difference between workersÕ compensation and personal injury claims is crucial in determining the best course of action. JT NY Law helps injured workers navigate these legal options and secure the maximum compensation available. Want to dive deeper into Expert Lawyer New York?
WorkersÕ Compensation:
WorkersÕ compensation is a no-fault system, meaning employees can receive benefits regardless of who caused the accident. These benefits typically cover medical expenses, lost wages, and disability benefits, but they do not include compensation for pain and suffering.
To qualify for workersÕ compensation in New York, an injury must occur while performing job-related duties. Employees must report the injury to their employer within 30 days and file a claim with the New York WorkersÕ Compensation Board. Because this system limits lawsuits against employers, injured workers generally cannot sue their employer for negligence.
Personal Injury Claims:
A personal injury claim, on the other hand, allows the injured party to sue a negligent third party, such as a subcontractor, manufacturer, or property owner. These claims can provide compensation for pain and suffering, emotional distress, and full lost wagesÑdamages not available under workersÕ compensation.
Personal injury claims require proving that another partyÕs negligence directly caused the injury. JT NY Law gathers evidence, consults medical experts, and negotiates aggressively with insurance companies to maximize compensation. Unlike workersÕ compensation, personal injury lawsuits can result in higher payouts, but they require stronger evidence and may take longer to resolve.
Choosing between these legal options depends on the circumstances of the injury. In some cases, workers may be able to file both a workersÕ compensation claim and a personal injury lawsuit. JT NY Law evaluates each case carefully to determine the best legal strategy for injured workers.
If youÕve been hurt on the job, consulting The Law Office of Jason Tenenbaum, P.C. can help you understand your rights and ensure you receive the compensation you deserve.
