Work With A Skilled Lawyer To Maximize Total Compensation After A Workplace Accident
People who are injured on the job in New York may be able to collect workers’ compensation as well as bring third-party liability claims. These two types of cases differ as follows:
- Workers’ compensation benefits are paid by employers’ insurers and do not require proof of employers’ negligence.
- A third-party liability claim is a separate personal injury case against a negligent party other than the employer
To protect your right to pursue all the benefits for which you are eligible after a construction site accident or any workplace accident, get advice and assistance from an experienced workers’ compensation and personal injury law attorney. At Arye, Lustig & Sassower, P.C., we reassure clients through our strong track record, having recovered more than $1 billion for our clients over the past 50 years.
Exploring All Possible Avenues Of Compensation
Injured workers sometimes wonder if they can sue their employers. Even if an employer’s conduct or negligence contributed to a workplace injury, the law generally prohibits an injured worker from suing their employer. However, the worker may bring a claim for injury damages against a third-party, such as the project owner, general contractor or a subcontractor on a construction accident.
These cases are often complex and may require lengthy investigations and legal procedures. While a third-party injury claim is in progress, workers’ compensation benefits can help workers cover critical expenses. The third-party liability personal injury lawsuit can often bring substantial settlements or verdicts from negligent people or companies whose negligence caused or contributed to accidents at construction sites and other workplaces.
However, when injured workers who receive workers’ compensation benefits also recover compensation through personal injury claims in New York, they are normally required to pay back the workers’ compensation insurer for their workers’ comp benefits out of the personal injury settlements or verdicts, less an amount corresponding to the legal expenses incurred in obtaining the recovery; so that the workers’ compensation carrier generally receives approximately 2/3 of the value of the workers’ compensation benefits received. An experienced workplace injury attorney can negotiate on your behalf to ensure that you retain as much compensation as possible.
While some claimants may argue that it is unfair for them to have to pay back a portion of their workers’ compensation benefits when they obtain a third-party recovery, upon further reflection it really is quite fair. If claimants are receiving workers’ compensation benefits for their lost earnings and medical expenses, and if they are also recovering damages from the defendants in their third-party claims for the same items, then it would constitute a “double recovery” for the injured worker if he were able to keep the workers’ compensation benefits and the third-party recovery. But remember not every item of damages in a third-party claim is also covered by workers’ compensation. For example, an award for conscious pain and suffering in a third-party lawsuit does not have a corresponding recovery in workers’ compensation benefits — so there is no “double recovery” when it comes to such damages.
We Help Injured Workers Negotiate Strong ‘Global Settlements’
A skilled plaintiff’s lawyer may be able to negotiate that amount downward or negotiate what is known as a Section 32 global settlement, as follows:
- The injured worker agrees to a lump sum of cash from the workers’ comp insurer.
- As part of that lump sum settlement, the insurer may agree not to pursue repayment from the proceeds of a personal injury case.
Let us evaluate your case and discover ways to maximize the total compensation that you may receive through workers’ comp benefits and a third-party liability lawsuit. Call 800-574-4LAW or complete our online form to request your free consultation.
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