Can I File a Personal Injury Claim for a Work Accident?
When you’ve been injured at work, you may wonder whether you can file a personal injury claim for a work accident. In most cases, New York’s workers compensation laws and benefits would cover your on-the-job injury.
There are always exceptions, however, so it’s helpful to speak with a personal injury attorney to explore your options.
What Are the Exceptions?
The following are some of the exceptions that would allow you to file a personal injury lawsuit to recover damages for a workplace accident in New York:
- If your employer intentionally injured you or put you in a situation where injury was extremely likely, you could sue.
- When you’ve been hurt by a toxic substance or a dangerous product, you may be able to sue the manufacturer of that dangerous substance or product.
- If your employer does not carry workers comp insurance, you could file a personal injury claim.
- If a third party other than your employer caused your injury, you could sue that party for damages. For example, if a vending company employee dropped the vending machine on your foot during installation at work, you could sue the vending company.
A Personal Injury Attorney Can Help You Understand Your Rights
It’s important for employees to know their rights and what compensation they might be entitled to after a workplace injury. Workers compensation benefits have limits, and if your case meets one of the above criteria, you may be able to recover greater injury compensation than you could from workers comp benefits.
Workers compensation benefits don’t provide for non-economic damages, such as pain and suffering, but personal injury claims do. There are time limits on filing personal injury claims, so don’t hesitate to reach out to a qualified lawyer.
Get Help for Your On-the-Job Injury
If you’re still unsure whether you can file a personal injury claim for your work accident, give us a call to discuss the matter. We offer free consultations to determine whether you qualify, and if you do qualify, we will work on your case on a contingency fee basis. This means you won’t pay for our services unless we win your case.