Many on-the-job injuries in New York lead to workers’ compensation claims. Employers generally need to carry specialized coverage to protect employees from injuries and illnesses related to their work. Fault usually has minimal impact on benefit eligibility, and workers usually cannot sue their employers even if there were egregious violations of safety standards.
That being said, sometimes people hurt on the job may have the option of filing a lawsuit afterward. A third-party personal injury lawsuit can lead to more complete compensation than workers’ compensation coverage on its own. The following are some of the scenarios in which a third-party lawsuit might be an option in addition to, or instead of, a workers’ compensation claim.
Violence or a car crash
There has been a noticeable increase in violent incidents in places ranging from schools and hospitals to retail establishments in recent years. While workers’ compensation does cover such cases, the person who attacks and injures a worker may also have liability for the harm they cause. Quite a few workplace injuries might relate to car crashes that take place on the job. Employees involved in motor vehicle collisions may be able to take legal action against another party who caused the crash for any losses beyond what workers’ compensation covers.
A gravity-related incident
Building owners and the agents representing them are liable for any gravity-related incidents in the construction sector. While most construction employees may be eligible for workers’ compensation, their above-average income is not eligible for full coverage. They may want to consider a lawsuit brought under New York’s unique scaffolding statute to seek the difference between the benefits available and the full wages they lost.
A product failure
Workers in many different industries rely on tools and equipment to do their jobs safely and efficiently. If those tools malfunction due to a defect or design issue, the manufacturer may be responsible. Other times, there might be a rental company with liability if one business rents equipment and tools from another.
Workers often incur major expenses related to on-the-job injuries. Exploring third-party liability in addition to workers’ compensation can be a smart decision for those who suffer serious work injuries. If an outside party has a degree of liability, workers can more fully recoup losses suffered due to an on-the-job injury.