There are many types of negligent behavior that can lead to work injuries. Victims regularly incur a wide array of economic and non-economic damages because of their injuries. Accordingly, injured workers may pursue financial compensation for the damages they incurred.
In some cases, injured workers will be able to file lawsuits against the parties that caused their work injuries. However, other victims must seek benefits through their employer’s Workers’ Compensation insurer. Plaintiffs in injury lawsuits will have access to certain types of monetary damages that are unavailable to insurance claimants. A work injury lawyer can help evaluate the legal options available to you.
If you suffered a work injury in Schenectady, get help recovering the full range of financial compensation you deserve. Contact our experienced Schenectady work injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Filing a Lawsuit vs. Filing a Workers’ Compensation Claim After a Work Injury in Schenectady
There are multiple differences between filing an injury lawsuit and filing a Workers’ Compensation claim in Schenectady. Evaluating the key differences will help injured workers understand what to expect when pursuing compensation for their work injury:
Proving Fault
The first major difference between filing a lawsuit and filing a Workers’ Compensation claim after a work injury involves the burden of proof. Workers’ Compensation claimants will not have to prove that another person was responsible for their work injuries. On the contrary, plaintiffs in work injury lawsuits have to establish the following elements for their cases to succeed:
- The defendant was under a duty of care
- The defendant failed to adhere to that duty of care
- You suffered injuries because of the defendant’s breach of duty
- You incurred damages because of the injuries you suffered
Therefore, injured workers who file lawsuits against at-fault parties must gather evidence that proves they were injured because of defendants’ careless conduct. Proving fault can be a tiresome and complex task. Extensive amounts of evidence may be required to validate your claims. The help of our Schenectady work injury lawyers can be helpful when proving that a defendant was at fault.
Monetary Damages Available
The second key difference between filing a work injury lawsuit and filing a Workers’ Compensation claim involves the categories of monetary damages available to victims. Workers’ Compensation claimants can only pursue economic damages for medical bills and lost income related to their injuries. However, plaintiffs in work injury lawsuits may recover several categories of economic and non-economic damages stemming from their accidents. For instance, a plaintiff in a work injury lawsuit may recover compensation for the physical pain and emotional distress they incurred. If you suffered a work injury, you can contact our experienced Schenectady work injury lawyers for help determining if you may file a lawsuit against the at-fault party.
Settling a Work Injury Lawsuit vs. Taking a Work Injury Lawsuit to Trial in Schenectady
Many plaintiffs in work injury cases will face the challenging decision of either reaching a settlement agreement or taking their lawsuit to trial. A settlement agreement if a form of legal contract that requires a defendant pay a certain amount of monetary damages to the plaintiff in exchange for their case being voluntarily dismissed. By settling early, parties can save on the expensive costs associated with litigating a case. Furthermore, plaintiffs who reach settlement agreements may recover compensation sooner.
Still, settling early is not always the appropriate decision. Many defendants will be represented by insurance companies who attempt to settle cases for as cheaply as possible. Accordingly, not all settlement offers reflect the true value of plaintiffs’ claims. By going to trial, you will have the chance to recover additional compensation. However, if your case does not succeed, you may receive no compensation for the damages you incurred. Our experienced Schenectady work injury lawyers can provide guidance and support when evaluating settlement offers in your case.
Time Limit to File a Work Injury Lawsuit in Schenectady
The time limit to file a work injury lawsuit in Schenectady has been set forth by the New York statute of limitations. According to C.V.P. § 214, an injured worker will have 3 years from the date of their accident to bring a work injury case to court in Schenectady.
However, you should not wait to file your claim. As time passes, it may become hard to obtain crucial evidence related to your work injury. For instance, surveillance footage may be deleted, and eyewitnesses may forget pertinent details. Furthermore, there are several other requirements plaintiffs must satisfy when filing their lawsuits. Failure to adhere to any of the required conditions could force you to re-file your case. Therefore, you should reach out to our Schenectady work injury lawyers as soon as possible after your accident, so we may begin working on your case right away.
What if My Employer Does Not Carry Workers’ Compensation Insurance for My Work Injury in Schenectady?
Employers in Schenectady are required to provide Workers’ Compensation insurance benefits for their employees. These benefits can compensate employees for lost income and medical expenses stemming from on-the-job injuries. Unfortunately, some employers still fail carry Workers’ Compensation insurance. In such cases, our Schenectady work injury lawyers can help victims recover compensation by filing lawsuits against their negligent employers.
Common Work Injuries Suffered by Workers in Schenectady
There are many different types of work injuries. Some injuries may heal quickly while others require costly, long-term medical care. The amount of monetary damages awarded in your case may depend on the type of harm you incurred. The following are common work injuries suffered by workers in Schenectady:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Cuts and puncture wounds
- Internal injuries
- Soft tissue injuries
- Injuries caused by toxic exposure
If you suffered any of the aforementioned work injuries, our Schenectady work injury lawyers can help explain the appropriate path to compensation.
If You Suffered a Work Injury in Schenectady, Our Lawyers Can Help
If you suffered a work injury, seek assistance from our experienced Schenectady work injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.