If you’ve been injured and are considering legal action, you may have come across the terms “workers’ compensation” and “personal injury.” While both types of claims involve seeking compensation for injuries, there are important distinctions between the two. Whether you’re dealing with a work-related injury or a personal injury caused by someone else’s negligence, our New York personal injury lawyers explain what workers’ compensation and personal injury claims are, the requirements for filing each type of claim, and the key distinctions between them here.
What Is a Workers’ Compensation Claim?
Workers’ compensation is a program created to offer benefits to workers who sustain work-related injuries or illnesses. It’s a no-fault system, meaning employees get compensation no matter who caused the accident. In New York, nearly all employees are required to carry workers’ compensation insurance.
There are several requirements that must generally be met
- Employment Relationship: The person hurt must have been an employee of the company when the accident occurred. Typically, independent contractors don’t qualify for workers’ compensation benefits.
- Work-Related Injury: The injury or illness should have happened while the employee was working or because of their job; this covers sudden accidents and injuries from repetitive tasks or exposure to harmful conditions over time.
- Notice and Filing: The injured employee must inform their employer about the accident within 30 days. Workers’ compensation claims must be submitted to the New York Workers’ Compensation Board within two years from the accident date or the last compensation payment, whichever comes later.
- Medical Evidence: It’s essential to offer medical proof, like reports from doctors, test outcomes, and treatment records, to back up the claim; this evidence shows how severe the injury is and links it to the job.
Once the claim is approved, injured workers could receive benefits such as coverage for medical costs, compensation for lost wages, and support for vocational rehabilitation.
What Is the Difference Between Personal Injury Claims and Workers’ Compensation?
To summarize, the key differences between workers’ compensation and personal injury claims in New York include
1. Fault for the Cause of the Injury
As previously stated, workers’ compensation operates on a no-fault basis. To receive benefits, a worker doesn’t have to prove their employer’s fault for the injury. They only need to show that the injury or illness happened during regular employment duties.
On the other hand, personal injury claims require proof of fault. Liability means the person who causes your injury is financially responsible for your damages. However, you must prove negligence, intentional acts, or strict liability to prove liability.
2. Types of Damages Recovered for a Claim
Workers’ compensation benefits are limited. For example, lost wages benefits are capped at two-thirds of your average weekly wages and can’t exceed the Workers’ Compensation Board’s maximum weekly benefit. Additionally, the amount you may receive for permanent impairments and survivor benefits is minimal.
New York doesn’t place a cap on damages in personal injury cases. As a result, you're entitled to complete compensation for all damages inflicted by another party. This includes potential future damages like ongoing medical expenses, lost future earnings, and diminished earning capacity.
Personal injury cases may lead to punitive damages, which aren't meant to compensate for losses but rather to penalize the at-fault party for gross negligence or intentional actions. These damages are only granted in particular circumstances.
What Is a Workers’ Compensation Claim?
Workers’ compensation is a program created to offer benefits to workers who sustain work-related injuries or illnesses. It’s a no-fault system, meaning employees get compensation no matter who caused the accident. In New York, nearly all employees are required to carry workers’ compensation insurance.
There are several requirements that must generally be met
- Employment Relationship: The person hurt must have been an employee of the company when the accident occurred. Typically, independent contractors don’t qualify for workers’ compensation benefits.
- Work-Related Injury: The injury or illness should have happened while the employee was working or because of their job; this covers sudden accidents and injuries from repetitive tasks or exposure to harmful conditions over time.
- Notice and Filing: The injured employee must inform their employer about the accident within 30 days. Workers’ compensation claims must be submitted to the New York Workers’ Compensation Board within two years from the accident date or the last compensation payment, whichever comes later.
- Medical Evidence: It’s essential to offer medical proof, like reports from doctors, test outcomes, and treatment records, to back up the claim; this evidence shows how severe the injury is and links it to the job.
Once the claim is approved, injured workers could receive benefits such as coverage for medical costs, compensation for lost wages, and support for vocational rehabilitation.
What Is the Difference Between Personal Injury Claims and Workers’ Compensation?
To summarize, the key differences between workers’ compensation and personal injury claims in New York include
1. Fault for the Cause of the Injury
As previously stated, workers’ compensation operates on a no-fault basis. To receive benefits, a worker doesn’t have to prove their employer’s fault for the injury. They only need to show that the injury or illness happened during regular employment duties.
On the other hand, personal injury claims require proof of fault. Liability means the person who causes your injury is financially responsible for your damages. However, you must prove negligence, intentional acts, or strict liability to prove liability.
2. Types of Damages Recovered for a Claim
Workers’ compensation benefits are limited. For example, lost wages benefits are capped at two-thirds of your average weekly wages and can’t exceed the Workers’ Compensation Board’s maximum weekly benefit. Additionally, the amount you may receive for permanent impairments and survivor benefits is minimal.
New York doesn’t place a cap on damages in personal injury cases. As a result, you're entitled to complete compensation for all damages inflicted by another party. This includes potential future damages like ongoing medical expenses, lost future earnings, and diminished earning capacity.
Personal injury cases may lead to punitive damages, which aren't meant to compensate for losses but rather to penalize the at-fault party for gross negligence or intentional actions. These damages are only granted in particular circumstances.
What Is a Personal Injury Claim?
Personal injury claims are filed when a person is injured due to someone else’s negligence.
These claims are usually filed against individuals, companies, or entities accountable for the accident or injury. Unlike workers’ compensation claims, personal injury cases hinge on fault, so the injured party must demonstrate the defendant’s negligence or deliberate harm.
To file a personal injury claim in New York, you usually need to meet these requirements
- Duty of Care: The injured person needs to show that the defendant was responsible for keeping them safe. For instance, drivers must drive safely, and property owners must maintain a reasonably safe environment.
- Breach of Duty: It needs to be proven that the defendant didn’t fulfill their duty of care by doing something wrong or not doing something they should have.
- Causation: The plaintiff needs to prove a direct connection between the defendant’s breach of duty and the injuries sustained; this means showing that the injuries wouldn’t have happened without the defendant’s actions or negligence.
- Damages: The injury party must demonstrate they experienced tangible losses, such as medical bills, lost earnings, pain and suffering, and other damages caused by the accident or injury.
Opposite to workers’ compensation claims, personal injury cases allow you to recover non-economic damages like pain and suffering, emotional anguish, and reduced quality of life.
What Is a Personal Injury Claim?
Personal injury claims are filed when a person is injured due to someone else’s negligence.
These claims are usually filed against individuals, companies, or entities accountable for the accident or injury. Unlike workers’ compensation claims, personal injury cases hinge on fault, so the injured party must demonstrate the defendant’s negligence or deliberate harm.
To file a personal injury claim in New York, you usually need to meet these requirements
- Duty of Care: The injured person needs to show that the defendant was responsible for keeping them safe. For instance, drivers must drive safely, and property owners must maintain a reasonably safe environment.
- Breach of Duty: It needs to be proven that the defendant didn’t fulfill their duty of care by doing something wrong or not doing something they should have.
- Causation: The plaintiff needs to prove a direct connection between the defendant’s breach of duty and the injuries sustained; this means showing that the injuries wouldn’t have happened without the defendant’s actions or negligence.
- Damages: The injury party must demonstrate they experienced tangible losses, such as medical bills, lost earnings, pain and suffering, and other damages caused by the accident or injury.
Opposite to workers’ compensation claims, personal injury cases allow you to recover non-economic damages like pain and suffering, emotional anguish, and reduced quality of life.
Can I File a Personal Injury Claim Against My Employer?
In most cases, you can’t file a personal injury claim against your employer if you’re covered by workers’ compensation insurance. Workers’ compensation is the only solution for workplace injuries, which means employees generally can’t sue their employers for additional damages.
However, there are exceptions to this rule. If your employer intentionally caused your injuries or engaged in conduct substantially sure to cause harm, you may be able to file a personal injury claim against them. This also applies if a third party, such as a contractor or manufacturer, was responsible for your injuries.
Can I File a Personal Injury Claim Against My Employer?
In most cases, you can’t file a personal injury claim against your employer if you’re covered by workers’ compensation insurance. Workers’ compensation is the only solution for workplace injuries, which means employees generally can’t sue their employers for additional damages.
However, there are exceptions to this rule. If your employer intentionally caused your injuries or engaged in conduct substantially sure to cause harm, you may be able to file a personal injury claim against them. This also applies if a third party, such as a contractor or manufacturer, was responsible for your injuries.
Contact Our Personal Injury Firm in New York, NY
If you’ve been hurt because of someone’s negligence or have questions about workers’ compensation, it’s important to get legal help from a reliable personal injury firm like Field Law Group.
With our experienced team of personal injury attorneys, we’re well-equipped to handle all types of personal injury cases in New York — whether you’re located in Harlem, Nassau County, Long Island, or Brooklyn.
Call 212-739-7278 or contact us today to schedule a FREE consultation! We’re available 24/7 to discuss your case and provide guidance on the best legal options available to you.
Contact Our Personal Injury Firm in New York, NY
If you’ve been hurt because of someone’s negligence or have questions about workers’ compensation, it’s important to get legal help from a reliable personal injury firm like Field Law Group.
With our experienced team of personal injury attorneys, we’re well-equipped to handle all types of personal injury cases in New York — whether you’re located in Harlem, Nassau County, Long Island, or Brooklyn.
Call 212-739-7278 or contact us today to schedule a FREE consultation! We’re available 24/7 to discuss your case and provide guidance on the best legal options available to you.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania