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Workers' Compensation

Friday, January 29, 2016

How Is Workers' Compensation Different from Personal Injury?

The primary difference between a workers' compensation claim and a personal injury claim is that a personal injury claim is based on fault, while a workers' compensation case is not. Any injury that occurs to an employee at his/her workplace is covered by workers' compensation, regardless of any negligence or lack of it.

In order to recover damages against another person in a vehicular accident or slip and fall, on the other hand, one must be able to prove some type of negligence on the part of the other person. In other words, the other party must be in some way to blame for the accident. Examples in the cases mentioned would be reckless or drunk driving or poor property maintenance resulting in a floor surface that is irregular or slippery.

In Workers' Compensation Cases, Fault-Finding Is Not Necessary

With very few exceptions, employees who are injured on the job are entitled to workers' compensation benefits regardless of fault. Employees need not prove any negligence on the part of their employers in order to file for and receive workers' compensation benefits. As a matter of fact, employees are eligible to receive workers' comp benefits even if the employee's own negligence resulted in the injuries.

Differences in Damages in Workers' Comp Cases and Other Personal Injury Cases

If it seems that the nature of workers' compensation, in which you can be reimbursed at times for your own clumsiness, is too good to be true, it is. This is because, while workers' comp will pay you compensation for your medical bills, any necessary vocational rehabilitation, lost earning capability or permanent impairment, it will not pay for your personal suffering.  The cap on workers' comp benefits, therefore, is much lower than the typical personal injury settlement once blame is assigned.

When you file a personal injury lawsuit, you may be entitled to compensation for enduring pain and suffering, loss of enjoyment of life (hedonic damages), even damage to clothing or jewelry during the accident. In cases in which you can file for workers' comp, however, you have foregone the right to sue your employer or co-workers for negligence and also the right to collect damages for pain and suffering.

Are Any Workers Legally Permitted to Sue Their Employers?

Yes, there are several categories of employees who are allowed to sue their employers and co-workers when they are injured on the job:  (1) Police Officers and Firemen; (2) NYC Sanitation Workers; (3) NYC School Teachers and School Professionals; (4) Crew members of ships or boats; (5) Interstate railroad workers (including Metro North).  


Monday, September 22, 2014

On-the-Job Injuries, Worker’s Compensation and Third-Party Claims

 

Worker’s Compensation Benefits Only Go So Far

Workers’ compensation laws have two primary objectives:  The first is to ensure that injured workers receive the compensation they need following an on-the-job injury and the second is to ensure that injured workers received the compensation they need quickly and easily, and without anxiety as to whether the funds will actually be available.

Millions of injured workers have received funds dispersed by the Office of Workers' Compensation Programs (OWCP), which compensates workers for lost wages, medical expenses and other expenses directly related to their injuries and losses sustained on the job. There is another loss for which the OWCP cannot reimburse workers: pain and suffering. This means that, despite injuries that are severe, injured workers are barred from OWCP compensation for:

  • Mental trauma associated with a serious injury or disability
  • The inability to accomplish the activities of daily living
  • Diminished quality of life
  • Loss of consortium on the part of a spouse or family member (in the event of the death of a worker)
  • Loss of mobility (except in relation to diminished earning capacity and other direct financial loss)

Fortunately, there is often a way for workers and their families to obtain additional, high-value, lump sum compensation following an injury on the job – a third-party claim.

What Is a Third-Party Claim?

To understand third-party claims, it’s important to understand that Worker’s Compensation claims are paid via the employer’s Worker’s Compensation insurance. In exchange for the benefit of receiving lost wages, medical expenses and other expenses to employees injured on the job, the injured employee relinquishes the right to sue the employer for damages.  Federal law limits what the insurance covers, leaving injured workers uncompensated for a range of losses.

Successful third-party claims result in compensation paid to an injured worker, or his or her family, not by Workman’s Compensation insurance but by a third party. A third party can be the insurer of a contractor, subcontractor, vendor or other party on a work site that was responsible for the accident and subsequent injuries, but not the injured worker's employer.

A third-party claim could look, generally like this:

While working for a roofing company, a roofing assistant sustains a concussion when a can of paint, owned by the house-painting contractor, falls on him from above. In the wake of the injury, the employee requires a great deal of medical care resulting in high medical bills and a month of missed work. The worker files for and receives compensation from the Office of Worker’s Compensation Programs through his roofing company employer but this compensation only covers medical expenses and lost wages. In order to recover damages for the pain and suffering associated with the injury, the assistant hires a personal injury attorney and receives a high-value award for the other losses resulting from the injury. The award is not paid by the Office of Worker’s Compensation Programs but instead by the insurer of the painting company whose negligence caused the injury. 

If you or a family member endured the pain, shock and loss of a serious on-the-job injury, you should investigate the possibility of a third-party claim. A third-party claim can result in compensation that covers your whole loss, not just the losses directly related to medical and wage expense. To learn more about third-party claims, contact a personal injury lawyer. 


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  The New York City (NYC) personal injury law firm, Friedman, Levy, Goldfarb & Green P.C., represents clients in Manhattan and New York County, Brooklyn and Kings County, the Bronx, Queens, Staten Island, as well as serving Nassau County and Long Island, Suffolk County, Rockland County, Westchester County, Harlem and throughout the State of New York.



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