Can You File A Personal Injury Lawsuit For An Injury Sustained At Work?

can you file personal injury lawsuit injured at work

Have you ever done work duties at the workplace and suffered an injury? If so, it's likely you looked into filing a workers' compensation claim to recover damages and pay medical bills. Sadly, many do not know that they can file a personal injury claim that may offer significantly better compensation than what would be offered through workers' comp. 

More often than not, workers think (in the event they suffer an injury) that workers' compensation is the only available option. However, certain situations allow one to file a personal injury claim as well. Many assume that utilizing a lawyer for an injury case is suing your boss, yet a third party may be responsible for the injury (such as the building's owner). In such a scenario, it is the third party's insurance that would have to handle the cost of their work hazard. 

Given how complicated work injuries can be, we are going to help elaborate on one possible personal injury claim. 

Workers Compensation Claims 

The significant difference between personal injury and workers' comp cases is proving who is at fault. When one is injured at work or while carrying out work-related tasks, they do not have to prove that a co-worker, employer, or any other entity is responsible for the injury in question. Instead, the individual who is injured is entitled to workers' compensation benefits regardless, even if the injury was of their own fault. 

This coverage is intended to protect workers who become injured regardless of the situation. Why? Because the employee wouldn't have been injured given a different work scenario. In the event one only utilizes workers' compensation, they will not receive compensation beyond financial costs. Pain and suffering is out of the question, but vocational rehabilitation, permanent impairment benefits, weekly compensation for wages, and medical expenses may be recovered. 

Personal Injury Claims 

What makes personal injury claims unique is that they are not limited to specific work entities (i.e. other workers). Believe it or not, anyone who happens to be injured due to negligence may be eligible for a personal injury lawsuit. However, this broad route requires proof that there was another party or person who was negligent or at fault. 

Personal injury damages are known as compensatory damages, meaning that they can include loss of earning capacity in the future, lost wages, medical expenses, and additional damages that come from pain and suffering related to the injury. Workers compensation does not recover in these non-economic areas. 

Instances Where Personal Injury Lawsuits Apply To Work Injuries 

If one has been injured at work, they may be able to file a personal injury lawsuit if: 

• A detective product caused the injury, which could cause a lawsuit against the manufacturer of the product. 

• The conduct was intentional, which made the injury inevitable. 

• The injury involved an illegal or toxic substance. 

• The employer did not have workers' compensation, or they were not required to have any. 

• Negligence of a third party is what caused the injury (they do not work for the company). 

An Examination: Slip And Fall Injuries 

Slip and fall  accidents are categorized as a premises liability claim. It is based on a defendant suffering an injury due to tripping or slipping on another's property. When an individual suffers an injury due to the property owners' negligence, they are entitled to compensation related to damages connected to the accident. 

Slip and fall liabilities may be based on ownership of the premises or the defendant's control of where the injury happened at work. For example: if your job rents the building and does not own it, it is possible they may be at fault for safety violations. 

Vehicular Accidents On The Job 

A personal injury claim may be the necessary option in the event the injury occurs in a vehicle. Even if you were driving to work and sustained an injury, it is possible that you can file a lawsuit against the parties responsible. For example: if one was driving a delivery truck and was hit by a distracted or drunk driver, they can file suit against the hazardous driver. In such scenarios, one can file a worker's comp and a personal injury claim. 

Now it should be mentioned that collecting compensation from several parties is not easy. However, one should be aware of the options available to them in the event they are injured on the job. 

So, if you regularly risk your own safety every day for your occupation, understanding how you can rebound to recover damages is the significant factor in whether or not you suffer financial distress or recuperate without serious detriment. 

Considering the information above, there are plenty of ways one can initiate a personal injury case in the event they have suffered from an injury. Thankfully, Kaplan Lawyers PC in NYC is here to do exactly that. Contact us today for further information on how we can help you find the compensation you deserve.

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