In the bustling metropolis of New York City, where construction projects seemingly never cease, accidents at construction sites unfortunately remain a harsh reality. When such accidents occur, understanding the avenues for seeking compensation is crucial for the injured workers.
Let’s delve into the key differences between workers’ compensation and personal injury claims and why you should get help from a New York City construction accidents lawyer.
Workers’ Compensation in New York City
Workers’ compensation is a no-fault system made to provide swift financial relief to workers injured on the job, regardless of who was at fault for the accident. New York City mandates that nearly all employers carry workers’ compensation insurance, ensuring that injured workers can access benefits promptly.
Key Points about Workers’ Compensation:
No Need to Prove Fault:
Workers’ compensation doesn’t require workers to prove that their employer or a third party was responsible for their injuries. If an accident occurs at the worksite, the injured worker is typically entitled to benefits.
Workers’ compensation covers medical expenses, a portion of lost wages, rehabilitation costs, and sometimes even vocational retraining.
In exchange for these benefits, workers typically waive their right to sue their employer for personal injury in most cases.
Personal Injury Claims:
Personal injury claims, on the other hand, involve seeking compensation from a party believed to be responsible for the accident. In a construction accident, this could be the employer, a subcontractor, equipment manufacturer, or other third parties.
Key Points about Personal Injury Claims:
To succeed in a personal injury claim, the injured worker must establish that another party’s negligence or wrongful actions caused the accident. This may involve proving negligence, unsafe work conditions, or inadequate safety measures.
Potentially Higher Compensation:
Personal injury claims can result in larger compensation awards than workers’ compensation, as they may cover pain and suffering, emotional distress, and punitive damages.
In some instances, injured workers in New York City may pursue both workers’ compensation benefits and personal injury claims against third parties, such as subcontractors or equipment manufacturers.
In a city as dynamic as New York, navigating the complexities of workers’ compensation and personal injury claims following a construction accident can be challenging. Consulting an experienced New York City construction accidents lawyer is essential to determine the most appropriate course of action based on the circumstances of your case.
If you or a loved one has been injured in a New York City construction accident, don’t hesitate to reach out to professionals. They specialize in helping injured workers understand their rights, help with the legal process, and secure the compensation they deserve.