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.