Can I File a Personal Injury Lawsuit for a Workplace Accident?
After suffering from an injury at work, you may be wondering how you can obtain compensation for the damages you suffered. Workplace accidents can not only lead to physical injuries, but can also lead to expensive medical bills, pain and suffering, and lost wages. There are two options to obtain compensation in this type of situation. You can file for worker’s compensation or submit a personal injury lawsuit against a third party involved in your workplace accident. Talk to a Syracuse employment law attorney to find out more about what steps you need to take to receive compensation.
Benefits of Worker’s Compensation
Worker’s compensation is a program designed to reduce personal injury lawsuits and offer financial compensation for workers who have suffered injuries during work hours. This program only applies to people who have been injured while on the job. For example, some people may not be eligible for this program if they were driving to work.
Financial benefits cover lost wages, medical bills, and vocational rehabilitation. While you can receive the same benefits with personal injury claims, worker’s compensation works faster. With worker’s compensation, you are not suing anyone. This means no one is fighting back against your claim and at the same time, your employer is legally forced to compensate you. If your employer fails to cooperate, then your employer could face serious consequences. Most employers will avoid being sued.
The reason worker’s compensation is easier than filing a personal injury lawsuit is because your employer is agreeing to give up their right to deny negligence and responsibility for your injuries.
Benefits of Filing a Personal injury Claim
Filing a personal injury claim may take more time, effort, and documentation, but you could potentially receive more compensation in the long run. Personal injury claims usually cover medical bills, lost wages, and other financial losses caused by the workplace accident. These claims also cover pain and suffering or emotional distress, something that is not covered by worker’s compensation.
Pain and suffering damages fall under non-pecuniary losses. Non-pecuniary losses also involve loss of enjoyment of life and psychological harm caused by the accident. If you choose to file a personal injury lawsuit, you would be filing this lawsuit against a third party who was partially at-fault for the accident. This could be a product manufacturer or the owner of your workplace building.
Workplace Accidents Lawyer in New York
Deciding whether you would benefit more from a personal injury claim or a filing for worker’s compensation can be a difficult choice to figure out. Consider hiring a Syracuse personal injury lawyer if you are in need of legal advice. Depending on how the accident happened, you could be eligible to receive compensation for medical expenses, pain and suffering, and lost wages.
At Gattuso & Ciotoli, we have years of experience with personal injury lawsuits. Call us at (315) 314-8000 today for a free consultation. Our offices are located in Central New York, Syracuse, Watertown, Binghamton, Syracuse, North Syracuse, Camillus, Liverpool, Cortland, and Auburn. We will work with you to defend your rights.