Are you missing work after being hurt on the job? It’s important to understand the nature of your case and whether it calls for a workers’ compensation or a personal injury lawyer in Queens, NY. Find out key details regarding workers’ comp vs. personal injury cases to make an informed decision.
Negligence Remains a Key Factor
When you consult a personal injury attorney in New York, they’ll ask about the nature of your accident. Professionals recommend filing a personal liability lawsuit if you are hurt due to someone else’s negligence. This manifests in several ways, such as being struck by a distracted driver or slipping and falling on a poorly maintained structure.
If you’re debating filing a workers’ comp vs. personal injury claim, you must focus on who’s at fault. Employers are obligated to provide workman’s comp insurance coverage, which you’re entitled to collect as long as you can prove you were hurt at work. You may collect benefits even if you’re at fault.
For example, say a delivery driver is distracted by their cell phone on their route and collides with another vehicle. They could bear the fault, making a personal injury suit unsubstantiated. However, being injured at work grants them access to no-fault workers’ compensation.
The circumstances around your accident will impact your potential settlement, as instances of employer negligence vs. no-fault workers’ compensation cases have significant financial discrepancies.
Settlement Amounts Vary Greatly Between Personal Injury and Workers’ Compensation Claims
How much can you expect to receive via workers’ comp vs. personal injury settlements? The answer depends on the nature of your case, but in general, the latter yield larger payouts in shorter timeframes.
When you file a personal injury suit against an at-fault individual or entity, you stand a good chance of recovering damages. According to The Law Dictionary, 95% of cases avoid trial by settling early. Insurance companies often reimburse plaintiffs in these cases, but the government may also provide payouts, as New York City paid $739.6 million in tort claim settlements in 2023.
If you wish to recover certain medical expenses and a portion of your lost wages, workers’ comp benefits will do the trick. Explore a personal injury lawsuit by comparison, and you’d be eligible for more reimbursements, including:
- Lost wages
- Medical expenses
- Property damage
- Pain and suffering damages
- Punitive damages
How Much Could You Receive for a Workplace Accident? A Workers’ Comp Lawyer in Queens, NY, Explains
Calculating the potential payout of workers’ comp vs. personal injury claims involves set formulas. In liability cases, lawyers combine the costs of all economic damages and determine an amount for non-economic damages by assessing the severity of one’s health and changes to one’s lifestyle.
Workers’ compensation cases in New York involve stricter standards, including:
- A minimum weekly payment of $325
- Maximum weekly benefits of $1,171.46
- Determining two-thirds of your weekly wages and multiplying that by your disability percentage
How do you determine what you can collect? Let’s say you earn $1,000 per week and incur an injury that leaves you 100% disabled. Thanks to workers’ comp insurance, you’re eligible to receive $666.66 every week.
If medical professionals deem you 50% disabled, your weekly benefits would drop to $333.33.
Seek a Personal Injury Attorney in New York for Third-Party Liability Claims
Seasoned legal counsel understands the complexities of workers’ comp vs. personal injury claims. If you believe someone else is at fault for your health setback, it’s worth exploring a third-party liability claim. Attorneys gather sufficient evidence to build a robust case and hold the appropriate party responsible.
Say a delivery driver endures significant injuries in a crash while on the job. If evidence shows that the crash was due to a defective safety feature, the vehicle’s manufacturer can be held liable for the incident.
Because the driver was working at the time of the accident, they can file a claim to receive workers’ compensation benefits. They may receive additional damages by filing a third-party liability claim against the car’s manufacturer.
Recognize Your Rights Following an Unexpected Injury
Knowing when to hire a lawyer for workers’ comp vs. personal injury claims will ease some legal and administrative burdens. Don’t hesitate to contact a professional when you become hurt on the job or because of a third party’s negligence.
According to the National Safety Council, 75% of injuries leading to missed days of work involve:
- Exposure to harmful environments or substances
- Overexertion
- Slips, trips, and falls
Stay aware of the risks and take swift legal action in the event of a serious accident.
Consult an Experienced Personal Injury Lawyer in Queens, NY
Are you recovering from a workplace health incident and need to recover your lost wages and medical expenses? Do you want to claim additional compensation for injuries stemming from someone else’s negligence? Elliot Ifraimoff & Associates, PC is here to help.
We practice in several areas of personal injury law, including slip-and-fall incidents, truck accidents, and premises liability. When you need a trustworthy personal injury lawyer in Queens, NY, count on our firm. We have recovered millions in damages for our clients and will advocate for fair compensation for you.
Submit our online request form or give us a call at (718) 205-1010 to schedule a free consultation.
Frequently Asked Questions
Do you still have unanswered questions regarding these distinct areas of law? Let a leading workers’ comp lawyer in Queens, NY, answer common questions regarding workers’ comp vs. personal injury claims.
Which Workplace Injuries Yield the Highest Workers’ Compensation Payouts?
According to the National Safety Council, amputees receive an average of $120,077 in workers’ compensation.
Are There Medical Treatment Coverage Differences in Workers’ Comp vs. Personal Injury Cases?
Yes, medical insurance coverage varies for each case. Workers’ comp insurance grants employees little freedom over their choice of treatment or medical provider, whereas victims in other cases have more say in these decisions.
What Are the Advantages of Hiring a Personal Injury Attorney?
Hiring the right personal injury lawyer means having a professional compile evidence supporting your claim, negotiating on your behalf, and representing you if the case ends in a trial.