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What’s the Difference Between Workers’ Compensation and a Personal Injury Lawsuit?

According to the Occupational Safety and Health Administration (OSHA), one in five workplace deaths were in the construction industry. These numbers are not surprising; statistics show that non-fatal construction injuries occur at a rate 71% higher when compared to other industries. With these statistics being so high, finding out which option to take to recover compensation is paramount. 

At Proner & Proner, we recognize that New York City wasn’t built overnight. It’s been the result of thousands of hard-working construction workers who have made our terrific city what it is. However, that does not mean that the construction industry isn’t without its faults. All too often, innocent workers are injured as the result of defective products or failure to implement or adhere to federal safety standards. Our firm has helped countless construction workers file personal injury and workers’ compensation claims to ensure they receive the compensation they deserve. But, how do you know when it’s best to pursue a workers’ compensation claim over a personal injury claim? We explain the process below. 

The Difference Between Workers’ Compensation and Personal Injury

Even though both a workers’ compensation claim and personal injury claim stem from accidents that occur in the workplace, they are dependent on different factors, most notably who is liable. Negligence is usually the basis for a personal injury lawsuit, wherein someone was harmed as a direct result of another’s carelessness. However, workers’ compensation is meant to cover specific injuries regardless of fault. 

A personal injury lawsuit is meant to recoup their losses stemming from the accident. These types of damages often include medical bills, pain and suffering, current and future lost wages and other medical expenses tied to the injury. Workers’ compensation, on the other hand, does not cover pain and suffering, nor is it limited to the types of workplace accidents it covers. 

Important Information About Filing a Claim

In most cases, an injured worker is unable to file both a workers’ compensation claim and personal injury lawsuit. However, you may be able to recover compensation through a third party lawsuit if your injury was the result of a safety violation. In this case, a third party claim may be against a subcontractor or property owner and can help supplement the income coming in through the workers’ compensation claim. This is important considering workers’ compensation only covers about ⅔ of your wages. The experienced team at Proner & Proner can help you determine which course of action is right for you. We’ve helped clients with filing and appealing workers’ compensation claims, third party lawsuits and filing a personal injury claim. We’re ready to take your call and help you get the compensation you deserve. 

Contact A New York City Personal Injury Lawyer To Discuss Your Construction Accident Case In New York

Did you or a loved one sustain serious injuries due to a construction accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured because of construction accidents in Queens, the Bronx, Manhattan, Brooklyn, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York, as well as offices in Queens, Brooklyn, the Bronx, and Bethel, Connecticut.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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