Workers’ Comp Vs Third Party Injury Claims
Getting hurt on the job throws your life into chaos. You’re dealing with medical appointments, lost wages, and uncertainty about your future. While you recover, you also need to figure out how to pay your bills and get the compensation you deserve.
Our friends at The Edelsteins, Faegenburg, & Blyakher LLP discuss how workplace injuries often open two different legal paths, and understanding both can make a significant difference in your recovery. If you were injured at a construction site, a construction accident lawyer can help you determine which options apply to your situation.
What Workers’ Compensation Covers
Workers’ comp is a no-fault insurance system that provides benefits to employees injured on the job. You don’t need to prove anyone was negligent or at fault. You simply need to show that your injury happened while you were working.
The benefits typically include:
- Medical treatment and rehabilitation costs
- A portion of your lost wages (usually about two-thirds)
- Disability benefits if you can’t return to work
- Vocational rehabilitation if you need job retraining
The tradeoff is that workers’ comp limits what you can recover. You won’t get compensation for pain and suffering, and wage replacement is capped. You also can’t sue your employer for the injury, even if they were careless or violated safety regulations.
When You Can File a Third-Party Lawsuit
A third-party claim lets you sue someone other than your employer who caused or contributed to your injury. This could be a property owner, equipment manufacturer, subcontractor, or driver who wasn’t employed by your company. These lawsuits work differently from workers’ comp. You need to prove that the third party was negligent and that their negligence caused your injuries. If you win, though, you can recover much more comprehensive damages. Third-party settlements can include full wage replacement, compensation for pain and suffering, loss of enjoyment of life, and punitive damages in cases of extreme recklessness. There’s no statutory cap on what you can receive.
Why Construction Workers Often Have Both Options
Construction sites present unique situations because multiple companies and contractors work on the same property. You might work for one company, get hurt because of equipment provided by another company, and the accident might happen on property owned by a completely different entity. Let’s say you’re working on a high-rise project and scaffolding collapses because it wasn’t properly secured. Your employer’s workers’ comp insurance would cover your immediate medical bills and partial wages. But you might also have a third-party claim against the scaffolding manufacturer if the equipment was defective, or against the general contractor if they failed to maintain safe working conditions.
How These Claims Work Together
You can pursue both workers’ comp benefits and a third-party lawsuit at the same time. They’re not mutually exclusive. Workers’ comp provides immediate financial relief while you build your third-party case, which can take months or years to resolve. One thing to know is that if you win a third-party settlement, your employer’s workers’ comp insurance carrier may have a lien on part of your recovery. They’ll want reimbursement for the benefits they paid you. An attorney can often negotiate this lien down, especially in New York.
Getting Help With Your Workplace Injury Case
The days and weeks after a serious workplace injury are not the time to go it alone. Missing a filing deadline or accepting a quick settlement without understanding your full legal options can cost you hundreds of thousands of dollars in compensation. Whether you’re dealing with a workers’ comp claim, a potential third-party lawsuit, or both, having someone in your corner who understands how these systems work makes all the difference in your recovery and your future.