The Two Types of Workplace Injury Claims: Workers’ Compensation and Third-Party Personal Injury Claims.
Workers who are injured in the workplace are entitled to workers’ compensation benefits regardless of how the accident occurs (with some rare exceptions).
When a worker is injured in the workplace due to the negligence of someone other than the employer or a co-worker, that injured worker may also have a third-party personal injury claim against the negligent party in addition to a workers’ compensation claim.
Workers’ compensation benefits are limited to payment of medical bills and a partial re-imbursement for lost wages, among other types of benefits.
Where there is a negligent third-party, the injured worker may bring a lawsuit for full compensation of economic damages like lost wages and medical bills, and also non-economic damages such as pain and suffering.
Construction accidents, slip and falls, accidents in buildings, and car/truck crashes that occur during the course of employment are examples of accidents that common include a third-party personal injury claim in addition to workers’ compensation.
Steps to Take Following a Workplace Accident
- Report the accident to your employer immediately. It is very important that you document where when and how the accident took place and whether there were any witnesses.
- Take photos if possible. A picture is worth a thousand words. It is important to capture the conditions at the scene before they are changed.
- Get medical treatment immediately. This is the only way to properly document you injuries. Do not listen to co-workers or managers who try to talk you out of getting medical help. Choose your own doctor. Don’t let your boss choose the doctor for you.
- Do not take cash instead of filing a proper worker’s compensation claim. Many employers will tell injured workers not to file the claim and in exchange they will pay full wages and give them cash for medical bills. However, after a few weeks when you realize the injuries are more serious than you thought, the employer will stop paying and now you are in the position of filing a late accident report after the conditions at the scene have changed.
Let Our Third-Generation Law Firm Dedicated to Helping Injured Workers help You and Your Family.
Tomkiel & Tomkiel have experience and proven success working in both workers’ compensation claims and in third-party personal injury claims. We have an in-house workers’ compensation department. You do not need to deal with two different law firms: we handle both cases in one law firm for your convenience. You have enough to deal with when you have been injured. We make it easy for you. We carefully examine all the facts and circumstance to identify all possible legal claims beyond workers’ compensation. Tomkiel & Tomkiel workplace accident lawyers will help you get the financial compensation you deserve after your accident.
With convenient offices in Yonkers and White Plains, we are nearby and just a phone call away. There is NO FEE unless we recover money for you. Call us today to schedule a FREE CONSULTATION about your legal rights and what to expect after a job injury.