Schenectady Job Injury Lawyers

Third-Party Liability Claims

Many injured New York workers ask: Can I bring a personal injury suit if I am injured on the job? The answer to this question depends on who the responsible party is. Injured workers in New York have the right to Workers' Compensation benefits, but that right eliminates the right to sue the employer or co-workers.

On the other hand, if a third party — a person or entity other than the injured party's employer or co-workers — is in some way responsible for the accident that caused the injuries, a personal injury lawsuit can be brought against that third party. Common third-party scenarios include:

• Car accidents for traveling salesmen or delivery drivers
• Faulty work site equipment, including ladders and scaffolds
• Slip-and-fall accidents resulting from spills left by outside vendors

Our Schenectady job injury attorneys have handled thousands of Workers' Compensation cases, so we recognize when a third-party claim might be available to our clients. We will investigate whether this is an option for you if you have been hurt on the job.

It is important to note that there are different time limits for claims, depending on the defendants. There is a shortened statute of limitations for claims against municipalities — lawsuits against a government entity, such as the Highway Department — and you need to file a notice of claim within 90 days.

Coordinating Personal Injury and Workers' Comp Claims

When you bring a successful third-party liability claim while receiving Workers' Compensation benefits, it is likely that the Workers' Compensation insurance carrier will be able to recover a portion of the personal injury award. It is essential to make sure the Workers' Compensation and the third-party liability claim efforts are unified and coordinated.

At Silverman, Silverman & Seligman, P.C., we have a wealth of experience coordinating Workers' Compensation cases with third-party liability claims. We can oversee the entire process to make sure you get the best overall financial compensation available in your case.

Contact Troy Work-Related Injury Attorneys ∙ Free Initial Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338