Accidents happen every day. In some cases, it’s just a matter of bad luck. In other situations, someone else may be responsible for your injuries.

If you suffer a work-related injury, then you may be able to file a workers’ compensation claim to get medical treatment and lost wages. If your injury occurred outside of work – or was caused by someone other than your employer – then you may be able to file a personal injury lawsuit. There are significant differences between the personal injury and workers’ comp systems. A skilled Staten Island personal injury lawyer can help you understand your rights and get you the compensation that you deserve.

The O’Connor Law Firm advocates for accident victims and injured workers in and around Staten Island, New York. With experience in both workers’ comp and personal injury, we will fight to get our clients maximum compensation for their losses. Reach out to our law offices today to schedule a free initial consultation with a member of our legal team.

Differences Between Workers’ Compensation and Personal Injury Claims

If you are hurt in an accident, your ability to seek compensation for your losses will depend in part on where you were hurt. With some exceptions, work-related injuries will be handled through the New York workers’ compensation system. Injuries that occur outside of work are typically resolved through a personal injury claim.

Understanding the differences between personal injury and workers’ compensation law is critical to getting the best outcome for your case. Below, we break down what you need to know about each type of claim.

Fault vs. No-Fault

In New York, almost every employer is required to carry workers’ compensation insurance.

Employees who are hurt on the job or who develop an occupational illness can then file a claim with workers’ compensation for medical benefits and lost wages. 

A key feature of the New York workers’ compensation system is that it is no-fault. This means that an injured worker doesn’t have to prove that their employer did something wrong in order to get benefits. Instead, they simply have to prove that they suffered an injury while at work or have an occupational illness. 

To win a personal injury claim, however, an injury victim (plaintiff) must prove fault. Typically, the plaintiff will have to show that the at-fault party (defendant) was negligent or careless in some way. If a plaintiff can’t prove that the defendant acted carelessly – or in some cases, intentionally or recklessly – then their claim will fail.

For example, consider a situation where you slip and fall and break a bone. If that fall happened at work, then you could file a workers’ compensation claim even if you fell over your own two feet. If the fall happened outside of work, then you could only file a personal injury lawsuit if you could prove that the property owner was negligent in some way (such as failing to fix broken concrete). 

Importantly, workers’ compensation is an exclusive remedy. That means that if you are hurt at work, you can only file a workers’ compensation claim against your employer – and you cannot sue them for your injuries. There are some exceptions to this rule, such as cases where an employer intentionally hurts an employee or doesn’t obtain workers’ compensation insurance.

In some situations, you may be able to file a personal injury claim against a third party for a work-related injury. For example, if you are working on a construction site and a worker for a different subcontractor backs over your foot with a forklift, then you could file a claim for workers’ compensation benefits with your employer – and file a third-party lawsuit against the subcontractor.

Cases that involve both workers’ compensation and personal injury claims can be complex. A Staten Island personal injury attorney can work with you to help you get top dollar for your work-related injury. 

Getting Medical Treatment

The next big difference between workers’ compensation and personal injury claims is related to medical care. You can and should get medical treatment if you have been hurt in an accident – whether it happened at work or elsewhere. However, given the differences in the two systems, the way that you get treatment may be affected.

Under the New York workers’ compensation system, injured workers are entitled to medical care. This includes medical, dental, surgical, optometry, medically necessary drugs, and assistive devices. Unless it is an emergency, this medical care must be obtained through a provider authorized by the New York Workers’ Compensation Board to treat injured workers. 

All medical expenses through a workers’ compensation claim will be paid directly by the insurer. The employer and its insurance company do have some degree of control over medical treatment. This may include challenging whether a particular treatment, prescription, or procedure is medically necessary.

By comparison, plaintiffs in personal injury cases can seek medical care wherever they would like and are not limited to authorized providers. The defendant’s insurance company cannot direct their treatment. Plaintiffs generally have more control over the type of medical treatment that they receive.

Medical expenses in a personal injury case aren’t automatically paid by the defendant’s insurance company. Instead, the plaintiff’s health insurance company usually pays these expenses. The insurer will then be repaid out of the proceeds of a settlement or verdict at trial.

Available Compensation

The third major difference between personal injury and workers’ compensation claims is the available benefits. Generally, the potential for larger amounts of compensation is greater with personal injury lawsuits.

There are 3 types of workers’ compensation benefits:

• Health care; 
• Lost wages, if you are out of work for more than 7 days and your pay is reduced because of your injury, which is based on your average weekly wage and level of permanent impairment; and
• Survivor benefits, including funeral or memorial expenses and weekly cash benefits, for the family members of a person who dies in a work-related accident.

In a personal injury lawsuit, an injured party can recover 3 types of damages:

• Economic damages, including property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment;
• Noneconomic damages, such as pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement; and
• Punitive damages, in cases where the defendant acted intentionally or recklessly (such as a drunk driving accident).

Because a personal injury claim includes other categories of damages – such as pain and suffering – an injured person can usually recover far more through this type of claim. If it is possible to file a personal injury lawsuit, that may be the best way to get fair compensation for your losses.

However, it can often take months to get a settlement in a personal injury case – or even longer if the case goes to trial. Injured employees can start getting workers’ compensation benefits quickly after filing a claim. 

It isn’t always possible to file a personal injury lawsuit for a work-related injury. In many cases, an injured worker is limited to filing a workers’ comp claim. An experienced Staten Island personal injury law firm will advise you of your options for a work-related injury claim, including the possibility of filing a third-party lawsuit.

Get the Compensation You Deserve for Your Work Injury

Being hurt in an accident at work can be devastating. In the weeks and months that follow, you may be wondering what your rights are – and if you’re limited to filing a workers’ comp claim. Our law firm will work with you to help you get maximum compensation for your injuries.

Based in Staten Island, the O’Connor  Law Firm represents clients who have been hurt in construction accidents and other types of on-the-job accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Staten Island work accident attorney, give us a call at 866-927-3809 or fill out our online contact form.