When to File a Personal Injury Suit vs. Workers’ Compensation Claim

When you’re injured at work and considering legal action, it’s not always clear whether to pursue a Workers’ Compensation claim or a personal injury lawsuit. Both offer compensation, but the path you take depends on the circumstances – and understanding the distinction can make all the difference in your recovery. Here’s a quick breakdown to help you understand the difference, and why it matters.

Workers’ Compensation Claims: Benefits After a Workplace Injury

Generally speaking, if you’re injured on the job, you’re automatically entitled to Workers’ Compensation benefits, regardless of fault. If you slip on a wet floor and break your arm at work – whether the accident is your fault or someone else’s fault – you’re entitled to Workers’ Compensation benefits. This means your medical bills are covered by the Workers’ Compensation carrier, and you’ll receive a portion of your wages for the time you’re out of work. You may also be entitled to a small lump sum based upon a set schedule. However, one critical thing Workers’ Compensation does not provide is compensation for pain and suffering.

Personal Injury Claims: Pain & Suffering If a Third-Party Is Responsible

If you believe a third party – someone other than your employer or co-worker – is responsible for your injuries, pursuing a third-party claim opens the door to compensation for pain and suffering, which often goes far beyond what Workers’ Compensation provides.

In the above example, if your fall was due to a recently mopped floor without proper warnings or signage, you can claim Workers’ Compensation benefits since it happened at work. But you may also pursue a negligence claim against third parties, like the building owner, managing agent, or cleaning company. Unlike Workers’ Compensation, personal injury claims require proof of negligence.

New York’s Limits on Lawsuits Against Employers

It’s important to note that in New York, you generally cannot sue your employer or a co-worker for negligence, even if their actions caused the injury. In most cases, Workers’ Compensation benefits are your sole remedy when it comes to work-related claims. A personal injury lawyer experienced in third-party and negligence claims can help guide you through these nuances.

How We Can Help

If you’re uncertain about the right course of action, I’m here to provide clarity and support. I’m committed to helping you choose the best path to ensure your full recovery and compensation. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

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