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If you are injured at work, there’s a good chance that you have a right to receive compensation and other legal remedies. But how do you seek relief after suffering harm on the job? That depends on whether your legal claim qualifies as a workers’ compensation claim, a personal injury claim, or both.
If you don’t know the difference between these claims, don’t worry. In the article below, we review who is eligible for each type of claim and how to recover damages in each claim.
But before you make any decisions about what kind of legal action you can take to recover damages for your injury, speak to an experienced attorney. Because of his skill and hard work, Anthony A. Ferrante has received some of the most prestigious awards in the legal community. Mr. Ferrante has diligently and successfully championed the rights of injury victims throughout Brooklyn, and he is ready to protect your interests.
Cases That Qualify for Workers’ Compensation Benefits
If you want to seek workers’ compensation benefits, you need to prove right away that the following two circumstances are true:
- At the time of your injury, you were an employee of the business, organization, or agency from which you are requesting compensation; and
- Your injury arose out of and in the course of your employment.
Fortunately, you do not have to prove employer negligence or any other type of employer fault to get relief through a workers’ compensation claim.
If your case qualifies as a workers’ compensation case, remember that you cannot file a civil lawsuit against your employer to receive damages for your injuries. Workers’ comp is said to be the sole remedy. On-the-job injuries of a covered employee must be handled through the workers’ compensation system if the injured employee wants wage replacement and medical care from their employer.
If you are an independent contractor or you incurred your workplace injury solely because you were intoxicated, you cannot receive workers’ compensation benefits. However, you should consult with a knowledgeable attorney about your legal options before you let your boss attempt to close the door on your right to legal remedies.
Cases That Qualify for Remedies from a Personal Injury Lawsuit
In general, filing a personal injury lawsuit requires that you prove that you were harmed by someone else’s negligence or misconduct. If you are not an “employee” as defined by New York’s workers’ compensation law and you can prove that your boss or a third party breached a duty of care they owed, you can receive damages in a personal injury lawsuit. And if workers’ compensation law considers you an employee, but the injury you suffered was because of the intentional, bad conduct of an employer, you might have a right to file a civil lawsuit.
Does Anyone Have the Option to File a Workers’ Compensation Claim and a Personal Injury Lawsuit?
Yes, sometimes an injured employee is entitled to legal relief through a workers’ compensation claim and a civil lawsuit. This is often the case when a third party who is not affiliated with the employer is responsible for the harm an employee suffers on the job. A typical example of this is when an employee’s work includes driving for their employer, and a third-party driver causes an accident. An employee whose occupation includes driving might be able to recoup damages from an at-fault driver’s auto insurance policy and their employer’s workers’ compensation coverage. However, an employee’s benefits under workers’ compensation might be reduced by the award they receive from a personal injury verdict or settlement.
What Types of Benefits or Damages Can I Recover?
There are many differences between workers’ compensation claims, including the process for initiating legal action, the elements you must prove to obtain relief, and the types of remedies you can receive.
Workers’ compensation claimants can receive the following benefits:
- Wage replacement for injury-related time off,
- Payment for injury-related medical care, and
- Compensation for permanent impairment caused by the workplace injury.
Compared to the damages you can receive in a personal injury case, the relief in a workers’ compensation case is limited, but you can benefit significantly from the fact that you do not have to prove fault.
Successful plaintiffs in personal injury lawsuits can recover the following:
- Economic damages to cover the plaintiff’s related financial losses,
- Non-economic damages to compensate the plaintiff for pain and suffering,
- Punitive damages to punish a defendant for exceptionally poor behavior, and
- Injunctive relief.
To maximize your recovery in any injury claim, speak to a skilled attorney about your circumstances and needs.
Hire an Attorney with Skill and Experience
Anthony A. Ferrante has over a decade of experience representing injury victims and winning large awards and settlements for them. Not only has Mr. Ferrante recovered millions on behalf of injured workers and personal injury claimants, but he is also an award-winning advocate. If you need a counselor who can give you personal attention, the best representation, and results, reach out to Mr. Ferrante. You can contact our office online or call us at 646-450-4110 for a free consultation.