What are Workplace Injury Claims?
December 28, 2023 in Construction Accidents, Worker's Compensation
Workplace injuries can disrupt your life in an instant, leaving you grappling with physical pain, emotional distress, and financial burdens. While workers’ compensation may provide some relief, it is often not enough to make one financially whole following an injury. Below, the experienced NYC personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo provide insights into workplace injury claims, shedding light on the disparities between workers’ compensation cases and workplace injury claims following accidents in the workplace.
Workers’ Compensation vs. Personal Injury Claims
Workers’ compensation is a safety net for employees injured on the job. The critical distinction is that, unlike personal injury claims, you don’t need to prove fault to claim benefits under workers’ compensation laws. Workers’ compensation provides prompt relief without needing a legal battle if you suffer a workplace injury, whether a slip and fall or a construction accident.
On the other hand, filing a personal injury claim allows you to seek compensation beyond the confines of workers’ compensation laws, particularly if negligence was involved. This can be especially beneficial following a construction accident in which negligence may be involved. If you are a construction worker dealing with a workplace injury, a seasoned NYC personal injury lawyer can guide you through filing a lawsuit against negligent parties.
Should I File a Workers’ Compensation Claim?
The state of New York operates under a no-fault worker’s compensation system, which means that a worker will receive benefits even if they were at fault for the incident. For example, if a construction worker does not wear his hard hat on the work site and is hit in the head by falling debris, they will still receive benefits even though they were technically at fault for the construction accident.
The state requires most employers to supply all employees with workers’ compensation coverage. Employees who have the right to workers’ compensation insurance provided by their employer include:
- All full-time employees in for-profit companies
- Family members employed by the company
- Other workers in for-profit companies, including part-time employees, volunteers, leased or borrowed employees, and employed family members
- Most non-profit employees
- Full-time domestic workers such as maids and nannies
However, often, this coverage is not enough, and it can fall extremely short for construction workers who experience the vast majority of workplace injuries during construction accidents.
SPBMCC’s esteemed construction accident attorneys have settled hundreds of cases for New York City construction workers throughout our years of operation. We have considerable experience handling construction accident cases and recovering compensation throughout New York City and New Jersey. Reach out today to discuss your case.
Advantages of Filing a Workplace Injury Lawsuit
One notable advantage of pursuing a workplace personal injury lawsuit is the ability to seek compensation for non-economic damages. While workers’ compensation primarily covers medical expenses and lost wages, filing a personal injury claim following a construction accident or other workplace injury also allows you to recover damages for pain and suffering, emotional distress, and diminished quality of life.
The power of personal injury cases lies in their ability to recognize the unseen consequences of a workplace injury, including emotional distress, mental health impacts, and the strain on relationships. Personal injury claims extend beyond immediate losses, considering the long-term effects of a workplace injury and even wrongful death. This forward-looking perspective anticipates ongoing medical needs, rehabilitation, and potential future complications.
While workers’ compensation provides swift relief, a personal injury claim offers a broader scope of compensation. With the right construction accident attorney, you can navigate the intricacies of the legal system and secure the compensation needed to rebuild your life after a construction site accident or other workplace injuries.
Remember, our legal services are offered on a contingency fee basis— meaning that if you don’t receive compensation, you don’t pay any legal fees. Legal matters are time-sensitive, and the chances of winning a workplace injury case or receiving fair benefits can lessen with time. Contact our award-winning firm today to discuss your legal options.
Contact an Experienced Construction Accident Attorneys at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas, including workplace injuries. Our dedicated litigation support teams are committed to vigorously representing clients in matters such as 9/11-related illnesses, premise liability cases, car accidents, construction accidents, medical malpractice, medical malpractice and firefighter law across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.