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How Can They Tell if I Have a Lawsuit?

ny-workers-comp-attorney

You’ve heard of people getting big money from lawsuits after an accident, right? Well, what if your accident was on the job, can you get big money too?

Sometimes, although it is important to consider that usually a big settlement has to have a big injury. Practically no one has a scary accident, recovers completely, and then somehow winds up rich.

The other issue is that for work accidents the usual rule of thumb is that you can’t sue your employer. What is meant by that is that for an injury on the job, the only benefit allowed is workers’ compensation. Following are examples and then exceptions:

Examples:

A co-worker drops something on your foot. No lawsuit is permitted here, only workers’ compensation benefits, unless your company has broken the law and not taken out insurance.

The boss injures you in some way. Again, this is rarely going to be anything other than workers’ compensation unless your boss injured you intentionally.

You trip over wires left in the office. Clearly this is not your fault. Again, you may be unable to start a lawsuit.

So, when can you sue your lawyer? Well, for personal injury, if your company has workers’ compensation insurance, generally forget about the lawsuit. What happens is that if someone else is responsible for your injury other than your company, you may have a lawsuit against them and a workers’ compensation claim to be filed with your employer at the same time.

Exceptions:

The easiest example is one in which a person delivers pizza. The delivery person is bitten by the homeowner’s dog and now the person delivering the pizza can consider suing the homeowner while at the same time applying for workers’ compensation payments.

An injured worker is hurt on a construction site falling from a scaffold. A negligence case against the employer may be impossible, but the building owner may be sued under certain circumstances.

A worker falls over loose wires at work. It turns out that the wires were placed by outside contractors installing equipment. A case may be successfully instituted against the workers for that company while the workers’ compensation case proceeds at the same time as the lawsuit.

Contact Attorney Robert A. Koenigsberg

If you have any questions about whether you have a lawsuit and a workers’ compensation case, please do not hesitate to call me at (212) 964-9292 or fill out an online contact form. Many people have questions about a workers’ compensation case and after to speaking to the New York workers’ compensation lawyer are surprised to learn that the injury may result in lawsuit and a possible personal injury settlement. The workers’ compensation lawyer is always a good place to start the inquiry.

In fact, we just recently worked on a case in which a cosmetics sales associate at a department store came to us after injuring her knee in a fall requiring knee surgery. The workers’ compensation case led nowhere, but the lawsuit against contractors who had set up her work area resulted in a settlement of $200,000. Had the client not come to see me, she likely would have received nothing. And this could be you.