Personal Injury Claims Vs. Workers’ Comp Claims: How Are They Different?

Have you recently been involved in a workplace accident? You’re probably feeling unsure about what to do next. Thankfully, New York gives you the option of filing a workers’ comp claim or personal injury claim based on your case’s details. Learn more about the differences between these two types of cases and which one’s the right choice for your situation.

How Do Personal Injury Claims Work?

When you file a personal injury claim, your goal is to prove that another person’s reckless actions or behavior caused your injuries. You’ll need to provide clear evidence the other party had a duty of care they failed to meet. Once you and your lawyer can establish fault, you need to show the extent of your injuries and negotiate with the insurance company for a fair settlement.

Common causes of personal injury cases include:

• Car accidents
• Slip and fall accidents
• Premises Liability
• Nursing home abuse

How Do Workers’ Comp Claims Work?

Workers comp’ claims operate under a no-fault principle in New York.  This means almost every employee could qualify for benefits without proving that someone else was responsible for their injuries. Instead, you’ll need to prove that their injury happened due to something that happened at work and isn’t connected with anything else.

Differences Between Personal Injury And Workers’ Comp Claims

Fault

Personal injury claims need to prove fault for them to succeed. You’ll need to show clear evidence that the other party was responsible for your injuries. On the other hand, workers’ comp injuries are the opposite. As long as you can prove it’s a workplace injury, you’ll qualify for benefits while in recovery.

Compensation

Personal injury compensation settlements are more flexible in the types of damages you can seek compensation for. Plaintiffs with a successful claim can ask for the following:

• Lost wages
• Medical treatments
• Pain and suffering
• Emotional damages
• Loss of enjoyment
• Property damages

On the other hand, workers’ compensation benefits in New York are more limited in scope. A worker is only entitled to lost wages, medical coverage, and survivor benefits for family members. The Workers’ Compensation Board (WBC) won’t consider factors like pain and suffering when calculating your settlement.

Statute Of Limitations

Workers’ compensation claims are time-sensitive cases. New York gives you exactly 30 days to notify your employer and up to two years to start your claim. The longer you wait, the more likely the WBC will dismiss your claim.

Conversely, personal injury cases give you more leeway when filing claims. For example, some cases involving theft or arson give claimants up to five years to start their case.

Can You File Both Claims At Once?

You can file a personal injury claim and a workers’ comp claim at the same time. However, this only applies to specific situations where another person who isn’t your employer or another employee isn’t involved.

For example, say a third person physically attacked you and caused injuries while at work. In this case, you can file a third-party claim against them while getting workers’ comp benefits. However, going through with both claims can get complicated. A workers’ compensation attorney could help you decide what to do next.

Our Attorneys Are Here To Help

Understanding which case to file can get stressful if you’re unfamiliar with the laws. For this reason, finding an attorney who can help you understand the process is your best choice. Our workers’ compensation attorneys have helped many clients get the benefits they deserved for decades. Please contact us online or at 855-813-3344 to schedule a free consultation today.