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Differences Between Workers’ Compensation Claims and Personal Injury Lawsuits

When it comes to seeking damages for workplace injuries, many employees find themselves asking whether they should file a workers’ compensation claim or personal injury lawsuit. The answer depends on the circumstances of your case.

Filing a Workers’ Compensation Claim

New York workers’ compensation is a no-fault insurance system that provides medical treatment and weekly indemnity payments to employees who were hurt during the course or scope of their employment. These benefits are intended to help injured employees recover and return to the workforce. Virtually every employer is required to carry workers’ comp insurance.

If your on-the-job accident and injuries were caused by your employer or a coworker, filing a workers’ compensation claim is your only legal recourse. At O’Connor Law PLLC, our accomplished workers’ comp attorneys can help you file your claim and collect the benefits you deserve.

Filing a Personal Injury Lawsuit

If your injuries weren’t caused by your employer or a coworker but, rather, by someone from another company who was simply working alongside you (which is often the case on large construction projects)—or another third party—you may have grounds to file a personal injury lawsuit against the person in question. However, a third-party personal injury claim is very different from a workers’ compensation claim.

While a third-party lawsuit allows you to seek compensation for a wide range of damages, including pain and suffering, you’ll be required to prove that the defendant was negligent. This means that the defendant had a duty to act reasonably to avoid injuring others and breached that duty, which resulted in the accident that caused your injuries and other losses. This is a complex legal process that requires a deep understanding of the intricacies of the law.

Schedule a Complimentary Consultation

Contact O’Connor Law PLLC today to schedule an appointment for a free initial consultation to discuss the details of your case with us. We look forward to helping you understand your rights and explore your options for fair compensation. Don’t wait, as the law limits how long you have to file a workers’ compensation or personal injury claim.

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