Can I File A Personal Injury Lawsuit For A Work Injury?
Many injured New York workers ask whether they can bring a personal injury lawsuit if they are injured on the job. The answer 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 a county 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.
Free Initial Consultations
We serve clients in Albany, Schenectady, Troy and throughout the Capital District of New York. 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.