Can I file a personal injury claim for a work injury?

On Behalf of | Jul 14, 2022 | Personal Injury Law |

Workers’ compensation coverage is mandatory for most New York employers, and it provides vital benefits for workers who are injured or become ill as a result of their employment. But workers’ comp payments are not designed to fully compensate injured employees for lost wages.

If negligence causes your workplace injury, you may be eligible to file a personal injury lawsuit to recover the full extent of lost income due to your injuries. Some employees can file both workers’ compensation and personal injury claims.

Luibrand recovers millions for an injured worker

Filing a personal injury claim is possible in workplace incidents involving negligence by a third party that is not the employer. Last December, Luibrand Law Firm secured a major award for a New York heating, ventilation and air conditioning (HVAC) technician who suffered serious injuries at a worksite.

The tech was servicing a heating system. When he stepped on a staircase leading to the basement, the stairs collapsed, causing severe injuries and requiring multiple surgeries. The Luibrand team spent three years investigating and gathering evidence, which uncovered negligence on the part of the builder. Just as the trial was about to begin, the defendant agreed to a $3.7 million settlement.

Filing a PI claim may be necessary to avoid financial hardship

In most cases, workers’ compensation covers all medical costs related to the injury. However, employees who miss eight or more workdays are only entitled to receive two-thirds of their average weekly wage. Someone earning $900 a week may only receive up to $600 in workers’ comp benefits. This often causes a financial crisis for individuals and families.

If negligence by a third party caused your injuries, you might be able to recover 100% of your lost income. In addition, by filing a personal injury claim, you may also receive non-economic damages, such as pain and suffering, which are not allowed by workers’ comp. If someone’s negligence causes your injury, it is critical to have your case assessed by an experienced attorney to determine whether a personal injury claim is justified.