Workers’ Compensation vs. Third-Party Personal Injury Claims in NYC

Workers’ Compensation vs. Third-Party Personal Injury Claims in NYC

If you’re injured on the job in New York, knowing your legal options is critical. Two paths may be available:

1. Workers’ Compensation—a no-fault benefit system for workplace injuries.
2. Third-Party Personal Injury Claims—a lawsuit against someone other than your employer whose negligence contributed to your injuries.

Understanding the differences—and when both may apply—is essential. At Sheindlin Law, we guide clients through both systems to maximize compensation and justice in NYC work injury cases.

What Is Workers’ Compensation?

New York workers’ compensation is a state-mandated, no-fault insurance system. It provides:

– Medical benefits for your injury or illness
– Wage replacement at approximately two-thirds of your average weekly wage
– Permanent impairment awards, if applicable
– Benefits for surviving dependents in case of death

Workers’ comp applies even if your employer or coworkers were not at fault, and it typically prohibits lawsuits against your employer or coworkers for negligence—unless there’s intentional harm or your employer failed to carry the required coverage.

What Is a Third-Party Claim?

A third-party personal injury claim is a lawsuit filed against someone other than your employer or a coworker whose negligence caused your work injury.

Examples include:
– A defective piece of equipment injuring you on a job site
– A property owner’s hazardous conditions causing your slip and fall
– A subcontractor causing an accident that injures you
– A negligent driver hitting you while on the job

Unlike workers’ comp, these claims require you to prove fault, and they use personal injury laws rather than administrative workers’ compensation procedures.

Can I File Both Claims? (Yes, Sometimes)

Absolutely. If someone other than your employer contributes to your injury—for example, a negligent subcontractor, equipment manufacturer, or driver—you can pursue:

– A workers’ compensation claim for wage loss and medical care
– A third-party personal injury lawsuit to recover pain and suffering, full wage loss, and emotional harm

However, your workers’ compensation insurer may seek repayment (a lien) from your third-party settlement to offset benefits already paid or owed. Skilled coordination by your attorney is essential to maximize your net recovery.

Example Scenarios
1. Construction Worker Injured by Defective Equipment
– File a workers’ compensation claim for medical bills and lost wages.
– Sue the equipment manufacturer (third-party) for additional damages.

2. Delivery Driver in Company Vehicle Crashes with Another Car
– File workers’ compensation through employer.
– Bring a third-party lawsuit against the at-fault driver’s insurance.

3. Slip-and-Fall at a Client’s Site
– Workers’ comp covers your injury from your employer.
– You may file a third-party premises liability suit against the client or property owner who caused the hazardous condition.
How to Maximize Your Recovery
– Report your injury promptly—within 30 days to your employer and file with NY Workers’ Compensation Board.
– Preserve evidence of third-party negligence (photos, records, contact info).
– Coordinate both claims carefully—a third-party settlement may reduce future comp benefits.
– Avoid early settlement of third-party cases without legal advice, as comp liens might trigger.
– Prompt legal help is critical—statutes of limitations are firm, and government procedures may apply.

Why Choose Sheindlin Law?

At Sheindlin Law, we have robust experience in both NY workers’ compensation and third-party personal injury litigation:

– We handle no-fault claims efficiently through the WCB system.
– We pursue third-party negligence claims to recover damages beyond comp benefits.
– We coordinate offset and lien resolution to minimize exposure and maximize your net recovery.
– We protect clients who’ve been forced to settle prematurely—or whose third-party insurer undervalues their claim.
– We ensure compliance with deadlines, including comp notice, third-party statutes of limitations, and uninsured employer claims.

With us, you get compassionate advice and aggressive representation tailored to NYC’s legal environment.

Get Started Today: Free Case Review

If you were injured on the job in NYC, you may be entitled to compensation beyond just workers’ compensation benefits. Sheindlin Law offers free, confidential consultations to discuss your options and help you determine whether you can—and should—file both a workers’ compensation claim and a third-party lawsuit.

We work on contingency—you pay nothing unless we win. Contact us today to protect your rights and pursue the full recovery you deserve.