Civil injury lawsuits and Workers’ Compensation claims are vastly different. In general, only a lawsuit pays enough of a victim’s damages, including pain and suffering, and all of their lost wages. You may still be able to sue, even if Workers’ Compensation seems like the only option at first.
In addition to the available damages, there are lots of differences between lawsuits and Workers’ Compensation claims. For example, you have one more year to file a personal injury lawsuit than you do to pursue Workers’ Compensation in New York. Furthermore, fault is not a factor in Workers’ Compensation claims, but it must be proven in a lawsuit. Workers’ Compensation generally protects employers from civil lawsuits, unless they don’t have insurance, intentionally harm the employee, or commit certain safety violations. Even if you can’t sue your employer, filing a lawsuit can hold a liable third party accountable for damages that Workers’ Compensation won’t pay.
For a free case review on a personal injury lawsuit, call the New York workplace injury lawyers of The Carrion Law Firm now at (718) 841-0083.
Are Different Damages Available in Civil Suits and Workers’ Compensation Claims in New York?
One of the biggest differences between civil injury lawsuits and Workers’ Compensation claims is the damages available. Workers’ Compensation only covers some lost wages and no non-economic damages. Comparatively, a lawsuit can cover all lost wages and compensate the plaintiff for their pain and suffering, as well as any hospital bills.
Workers’ Compensation does cover all medical expenses, but a victim’s other damages can be just as costly. The percentage of your previous income you receive and for how long depends on how Workers’ Compensation classifies your injury. There’s no limit on lost wages in New York civil personal injury lawsuits, or on any other economic damages, for that matter.
A lawsuit can also provide non-economic damages, whereas a Workers’ Compensation case cannot. New York does not restrict non-economic damages in general injury lawsuits, allowing us to argue for substantial sums to compensate plaintiffs for their pain and suffering.
Does Fault Matter in Both Civil Suits and Workers’ Compensation Claims?
Another key difference in civil suits and Workers’ Compensation claims is fault. Workers’ Compensation is a no-fault system, so workers should get benefits no matter how they are injured, generally speaking. To get damages in a lawsuit, you must prove fault, which our lawyers can accomplish.
Proving fault is imperative in a workplace injury lawsuit. We must show it is more likely than not that the defendant’s negligence or intentional conduct injured you. Our New York personal injury lawyers are very experienced in meeting this standard of proof for civil lawsuits. They can gather the evidence necessary to do so, like eyewitness statements, security camera footage, photos, accident reconstruction, medical records, and more.
Although Workers’ Compensation is a no-fault system, carriers still try to find excuses to deny claims. Contending that the worker intentionally harmed themselves, was under the influence when working, or was not working while injured lets carriers deny claims. This means that Workers’ Compensation does not provide guaranteed damages, even though claimants don’t have to prove fault, unlike in a lawsuit.
Do You File Civil Suits and Workers’ Compensation Claims Differently in New York?
There are also different processes for filing civil lawsuits and Workers’ Compensation claims. Lawsuits are filed in court in New York. Though they often settle without trials, some lawsuits will be litigated in court. You have the option to go to trial at any time and present your case in front of a judge and jury.
Filing Workers’ Compensation claims is done with the New York Workers’ Compensation Board. While this helps ensure some oversight, insurers may still choose to deny claims. The Workers’ Compensation Board can hold hearings and order the payment of benefits, but appeals may take far too long for victims who need compensation quickly.
Are There Different Filing Deadlines for Civil Suits and Workers’ Comp Claims?
The different filing deadlines for civil suits and Workers’ Compensation claims are also important to note. You have more time to file an injury lawsuit and seek full payment for all damages you have incurred than you do to file a Workers’ Compensation claim and only get some damages.
The personal injury statute of limitations in New York is three years, according to C.V.P. Law § 214(5). By comparison, the deadline to file Workers’ Compensation claims is only two years.
It’s also important to keep in mind the many other strict deadlines involved in Workers’ Compensation cases that might complicate an employee’s recovery, such as the requirement to report an injury to an employer within 30 days.
Does Workers’ Compensation Stop You from Filing a Civil Suit Against Your Employer in New York?
Because Workers’ Compensation is a no-fault system, it generally protects your employer from lawsuits. Workers’ Compensation does not stop you from filing a lawsuit against a third party, however. New York prohibits employer lawsuits for injuries in most situations, but not all scenarios, so you may be able to sue.
If you wish to sue, we will most likely file a third-party work injury lawsuit against someone other than your employer, like an equipment manufacturer. You may not realize it initially, but a defective product or machine may ultimately be to blame for the incident, making the manufacturer liable.
Employers aren’t totally protected from civil lawsuits in New York. You may sue an employer who intentionally injures you, does not have a Workers’ Compensation policy in place, or violates certain safety standards. For example, injured workers can sue employers who violate L.A.B. Law § 240 regarding scaffolding safety or § 241 for safe construction, excavation, and demolition work.
Let us see if suing your employer or a third party is possible after a workplace accident. We can bring your case on time and work hard to maximize your recovery, seeking compensation for all economic and non-economic losses.
Call Our New York Workplace Injury Lawyers for Help Today
For a free case assessment from The Carrion Law Firm, call our New York workplace lawyers at (718) 841-0083.