No Fees Unless We Get You Compensation
Workers’ Compensation vs. Personal Injury Claims
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 the Difference Between Personal Injury Claims and Workers’ Compensation?
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.
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.
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.
MILLIONS RECOVERED FOR OUR CLIENTS!
No Fees Unless We Get You Compensation.
17 State Street, Floor 40
New York, New York 10004
Free Consultation
212.739.7278
Anytime 24/7
Hablamos Español