Compared to filing a personal injury lawsuit, getting hold of financial compensation is easier when you file a workers’ compensation claim.
If you have been injured in a New York workplace accident, you have a number of choices. If you need compensation for things like missed wages and medical expenses, you may be considering either a workers’ comp claim or a personal injury claim. But what exactly is the difference between these two options? Is one better than the other? Which one will provide you with more money?
These are all valid questions, and they’re probably best left answered by a legal professional. Reach out to a qualified attorney in New York who specializes in personal injury and worker’s compensation, and you can approach this situation in a confident, efficient manner. An experienced attorney can explain the difference between a workers’ comp claim and a personal injury claim in a clear manner, allowing you to make the best decision. Once you’ve made your choice, your attorney can then guide you forwards and help you navigate the legal process.
You May Have No Choice in the Matter
The first thing you need to understand is that you might not have a choice between these two options. If you are injured by your employer, you may be prevented from suing them directly due to employment laws in New York. Because your employer essentially insures themselves from these lawsuits by paying into workers’ compensation, a workers’ comp claim may be the only option. That being said, New York also has something called the Scaffold Law, which is totally unique in the United States. This allows you to sue your employer directly if you have been injured by a gravity-related incident, such as a fall.
Bridge construction; image by Renato Marques, via Unsplash.com.Workers’ Compensation Does Not Pay for Non-Economic Damages
One of the big differences between a workers’ comp claim and a personal injury lawsuit has to do with non-economic damages. Simply put, a worker’s claim will not pay for things like pain and suffering. Your claim will only cover economic damages, like missed wages and medical expenses. In contrast, a personal injury claim allows you to claim non-economic damages. This can significantly increase your total settlement amount.
Lawsuits are More Time-Consuming
Compared to filing a personal injury lawsuit, getting hold of financial compensation is easier when you file a workers’ compensation claim. There may be some kind of investigation or hearing, but legitimately injured parties usually get their settlement pretty quickly. In contrast, a lawsuit can take months or years to finalize.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching the New York area for a qualified, experienced personal injury attorney, look no further than The Stanley Law Offices, LLP. We also specialize in workers’ compensation claims, and we can help you make the best decision for your future after suffering a workplace injury. There may also be situations that allow you to file a workers’ comp claim and a personal injury claim. Get in touch today, and we can develop an effective action plan together.
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