New York Personal Injury Lawyers

We Speak Español &

When Worker’s Compensation is Not Enough

By Dansker & Aspromonte

Related Posts

July 24, 2024

The Impact of Medical Malpractice Laws on Healthcare Quality

Categories

Worker’s Compensation exists to provide individuals who have been injured on the job with medical coverage and some amount of lost earnings while they are recovering from their injuries and cannot work. Unfortunately, quite often the amount granted through the employer’s insurance carrier is just not enough.

This happens frequently in New York, where dangerous jobs cause accidents and injuries every day. Such was the case with the recent wall collapse that occurred in upstate New York, in which two workers were seriously injured and one was killed.

While the injured workers may receive Worker’s Compensation, it may not be enough to enable them to continue to provide for themselves and their families during recovery. That’s why it’s especially important that you seek the advice and counsel of a serious injury lawyer in NYC. As construction accidents are fairly common, you can find construction accident attorneys that are well experienced with these types of claims.

At this juncture, it is important to explain the difference between Worker’s Compensation and a Third Party lawsuit for personal injuries.

For a free legal consultation, call (212) 540-2981

Worker’s Compensation in a nutshell means that if you have an on the job accident and you are injured, your employer, most often through an insurance company, is required to pay your reasonable and necessary medical expenses and a portion of your weekly earnings until you go back to work or a court finds that you are no longer disabled. Sometimes you will receive a modest cash award as well.

The trade-off is even when your employer or another co-employee is negligent in causing your accident, you cannot sue either one of them because such a lawsuit is barred by the Worker’s Compensation Law.

And this is where an experienced personal injury attorney comes in.

The bar to suing only extends to the employer and other employees of the injured person’s company. There is no bar to lawsuits against other workers on a job who work for another contractor or other people who for whatever reason or under different scenarios, cause or contribute to the accident which ultimately causes the worker to be injured.

Under those circumstances, a lawsuit can be commenced against those parties, regardless and often simultaneously with a Worker’s Compensation Claim.

Click to contact our personal injury lawyers today

The third-party suit usually involves much more money because it addresses the extent of disability and enjoyment of life the injured worker will have to endure and how the disability impacts the worker and his family. These are called non-economic damages referred in court as ‘Pain and Suffering”. Juries are the ones to make that award if the case goes to trial.

Complete a Free Case Evaluation form now

An experienced personal injury attorney will carefully examine the facts of your case and the details of the accident that caused your injuries. The lawyer will see what other options might be available to you in order to provide you with a much larger settlement. Retaining the services of personal injury lawyers in NYC and settling your case in court is the best option, if available, especially if your injuries are severe and result in a disability or require extended treatment.

Call or text (212) 540-2981 or complete a Free Case Evaluation form

Let Our Team Handle Your Case with Confidence

Contact Our Team Today

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.