03 Aug WORKERS’ COMP VS. PERSONAL INJURY
Posted By Gruenberg Kelly Della || 3-Aug-2018
Should I File a Workers’ Compensation Claim or a Personal Injury Lawsuit?
In most cases, you may not be allowed to sue your employer for a work injury. Workers’ compensation is likely your best option if you have been hurt on the job.
Workers’ compensation is the first (and sometimes the only) resource available to injured employees, who are usually forbidden by law from filing personal injury lawsuits against their employers. However, there are some work-related injuries and circumstances which may open the door to personal injury litigation.
You may be able to file a personal injury lawsuit against your employer if any of the following are true:
- Your employer does not carry workers’ compensation insurance and cannot compensate you for your injuries and damages.
- Your employer’s workers’ compensation is insufficient to reimburse you for the full cost of your injuries and damages.
- Your employer willfully harmed you.
- Your employer’s deliberate actions caused your injury.
The same could be true if you have been harmed by the negligence of a third party or a dangerous product, such as:
- Manufacturers of chemical agents such as paint, cleaner, etc.
- Manufacturers of dangerous or insufficiently labeled machinery
- Another third party such as a driver or an employee of another company whose actions caused your work-related injury
Not Sure Whether to File a Personal Injury Lawsuit or a Workers’ Compensation Claim? Our Long Island Lawyers Can Help.
At Gruenberg Kelly Della, we have handled thousands of personal injury claims over the years and are prepared to help you determine the best course of action in your case, even if it isn’t filing a personal injury lawsuit. We pursue your best interests every step of the way and routinely secure sizable payouts and fair results for our clients. We may be able to help you do the same.
Call (888) 305-6372 today to speak to a personal injury attorney in Long Island. You can also send us a message to schedule your free case review.