If you were hurt at work, you might be worried that you have to sue your employer to obtain compensation to support yourself and your family during recovery. Many injured workers even hesitate to file a workers’ compensation claim because they are afraid of suing their employer. However, a workers’ compensation claim is not actually a lawsuit. It’s important to know your rights and to understand the difference between a workers’ compensation claim and a third-party lawsuit.
What is Workers’ Compensation?
Workers’ compensation is a system that provides financial and medical benefit assistance to injured workers. Injured workers seeking support for lost wages, medical expenses, and rehabilitation costs must file a workers’ compensation claim. In most circumstances, if you get hurt at work you are covered by the workers’ compensation insurance your employer is legally required to maintain. In fact, under New York law, you cannot sue your employer for negligence.
If you are hurt at work, you should notify your employer immediately. Your employer should document the incident and provide you with their workers’ compensation insurance information so you can seek the appropriate medical treatment. You do not have to prove that your employer was at fault or negligent in causing your injury. Regardless of fault, workers’ compensation covers your medical treatment and a portion of any lost wages.
What is Third-Party Liability?
There are circumstances in New York where you may have grounds for both a workers’ compensation claim and a lawsuit. This happens when there is a “third party,” or a person or entity beyond you and your employer, responsible for your injury due to negligence or wrongdoing. Some common third-party liabilities examples include:
- A careless driver in a motor vehicle accident
- A property owner
- A subcontractor
- A construction company
- A manufacturer of defective machinery or equipment
Generally, a third-party lawsuit must be filed within three years from the date of the workplace accident. In some cases, depending on the liable third party, a lawsuit must be filed within one year or less from the date of the accident.
How to Be Successful in Third-Party Liability Claims
When a third party is responsible for your workplace injury, you have the right to file a personal injury lawsuit. A personal injury lawsuit allows the injured worker to recover additional damages, like pain and suffering, that are not available in a workers’ compensation claim. To be successful in a third-party liability claim, you must prove:
- The defendant owed you a duty of care
- The defendant breached its duty of care and caused the injuries you suffered
- You suffered damages (medical expenses, lost wages, pain and suffering)
When to Work With an Attorney
Some complicated legal rules come into play when you have both a workers’ compensation claim and a third-party lawsuit. The workers’ compensation insurance company can place a lien against any money you receive from the third-party lawsuit. Because the two claims are intertwined, it helps to have the same lawyer or law firm handling both. At Lewis & Lewis, we review all new workers’ compensation claims for the possibility of a third-party lawsuit. We can help you understand the different types of claims and determine the best strategies for obtaining all the benefits you are entitled to.
