When someone is injured on the job, they are often unsure of where to turn, as they require compensation to heal, but they do not want to sue their employer. Please continue reading and reach out to our Bronx personal injury lawyer to learn more about workplace accidents and how we can help you fight for the compensation you need. Here are some of the questions you may have:
What should I do if I’m injured on the job?
If you are injured on the job, it is imperative that you take several steps to maximize your chances of receiving the workers’ compensation benefits you need to get back on your feet again. If possible, you should take the following actions:
- Notify your employer or supervisor of your accident immediately. Your employer should then call law enforcement and send an ambulance to the scene.
- Take pictures of the unsafe conditions that caused your accident (if applicable).
- Ask any witnesses who saw your accident occur for their contact information.
- Once you are treated at a hospital, ensure you keep a copy of all medical documents pertaining to your injury, as well as a copy of any medical bills you’ve incurred.
- Hire an experienced Bronx personal injury lawyer who can work to file your workers’ compensation claim promptly and effectively.
What is the difference between a workers’ compensation claim and a third-party claim?
In most cases, when someone is injured on the job, they will seek workers’ compensation benefits. In doing so, you will seek compensation from your employer’s workers’ compensation insurance. Therefore, you are not suing your employer directly. If you qualify for workers’ compensation benefits, you should receive compensation to cover the cost of your medical bills and a portion of your lost wages from being unable to return to work. Remember, workers’ compensation is a form of no-fault insurance coverage, meaning that even if the accident is your fault, if you were seriously injured, you should have a right to compensation.
That being said, if the benefits you receive do not cover the total cost of your injury, you may wish to file a third-party claim. A third-party claim seeks to hold a third party who is not your employer responsible for your injuries. The third-party can be a property owner, an equipment designer/manufacturer, or an independent contractor, to name a few. The hope with a third-party claim is that we can recover the entire compensation to which you are entitled without having to sue your employer directly. Unlike workers’ compensation, to win a third-party claim, we will have to prove that you were injured as a direct result of another party’s negligence.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.