Workers’ Compensation or Personal Injury Claim? Why an Injured Union Member May Have Both

If you’re a union member in New York who’s been hurt on the job, you’re probably familiar with the state’s workers’ comp claim process. But did you know you might be eligible to file a personal injury lawsuit for more compensation? Qualifying for both can make a real difference in what you can ultimately recover.

What Does Workers’ Comp Cover?

Workers’ compensation in New York operates under a no-fault system. It doesn’t matter whether your employer or anyone else was at fault. If you were injured on the job, you’re generally entitled to benefits covering medical treatment and a portion of your lost wages.

The downside is that workers’ comp is typically the only way for your employer to compensate you for damages. You can’t sue your employer directly for the injury, even if you have proof their negligence played a role in what happened.

What Personal Injury Claims Cover

A personal injury claim works differently. Instead of going through your employer’s insurance, you file a civil claim against the person or people responsible for causing your injuries. A successful claim can cover damages workers’ comp doesn’t, such as:

• Pain and suffering
• Loss of future earnings
• Loss of enjoyment
• Emotional damages
• Punitive damages

The key difference between the two types of claim is the party you’re filing against. Workers’ comp focuses on your employer, while personal injury claims target someone else entirely.

When A Union Member Might Have Both

Many union job sites involve more than one employer sharing the same space. A third-party claim could be an option with your workers’ comp claim if it involved:

• Another subcontractor working on the same job site
• A property owner
• A manufacturing company with defective equipment or machinery
• Another driver if you were hurt in a car accident

If any of these sound like what happened to you, an attorney can help you take a closer look. 

Why This Is Worth Flagging Early

A third-party claim runs separately from your workers’ comp claim. This makes it easy for you to overlook that possibility if you’ve already submitted your initial paperwork and the comp process is underway. Knowing what you’re eligible for gives you the best chance of pursuing both claims fully.

We’ll Review Your Case’s Details

If you or a fellow union member gets hurt on the job, it might be hard to know what you’re eligible for. Most workers simply file a workers’ comp claim and stop there. But every case is different, and one small detail could be a chance to pursue further compensation.

You don’t need to go through this process alone. Our New York workers’ comp lawyers at Turley Redmond & Rosasco help injured union workers protect their rights. Whether you’re a union member who was hurt on the job or a union leader looking out for one of your members, we’ll evaluate your case and pursue every avenue of recovery available. Contact us at 855-598-1413 for a free consultation today.