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Obtaining personal injury benefits beyond workers’ compensation

If you were injured at work, then you should speak to an attorney as soon as possible. There is more than one avenue of legal recourse for your injuries. Most people who are injured at work are eligible to receive workers’ compensation. It is important to understand what benefits workers’ compensation brings and what it does not. Under a worker’s compensation claim, one can receive weekly payments, a lump sum payment for an injury if the injury prevents one from working or hinders one’s ability to work. Injured individuals can also receive reimbursement for some medical bills. However, most injuries involve pain and suffering. Workers cannot bring forth lawsuits against their employers for pain and suffering in nearly all situations. Compensation for pain and suffering is not included in a workers’ compensation package. This is the trade-off of workers’ compensation. Workers compensation laws do not require workers to prove fault to get the above benefits, but the workers cannot sue their employers directly to get additional benefits. If a worker is seeking additional compensation, then the worker should contact a personal injury lawyer to review if the accident was caused by a third party’s negligence.

If the damage from an accident was caused by a third party, then the employee may have standing to sue that party, but not the employer. For example, if someone was injured as a result of a toxic substance, then the worker may be able to sue the company that manufactured the substance, for damages, compensation for pain and suffering related to the incident.

If a worker was injured by a defective product, such as a defective dump truck, then the worker may be able to sue the maker of the dump truck to obtain certain benefits.

In addition, an employer who intentionally created a dangerous conditions that caused an accident may be liable for compensation beyond what is included in worker’s compensation cases, namely for pain and suffering.

If, for some reason, your employer does not have workers’ compensation insurance, then you can sue your employer directly in civil court or receive uninsured worker’s compensation benefits.

Finally, there are two more specific circumstances when a worker can sue their employer directly for a personal injury claim. Employees of boat vessels and employees of interstate railroads are not covered by workers’ compensation. This is the result of the Jones Act and the Federal Employers Liability Act (FELA). As a result, these two classes of employees are permitted to sue their employer directly. If you work in either of these industries, then it is especially important to speak with a qualified attorney if you have been injured on the job.

If you were injured in an accident at work, then you should contact an experienced personal injury lawyer to discuss your potential legal options. Jayson Lutzky is a Bronx, New York lawyer who handles personal injury and accident cases. Mr. Lutzky has obtained millions for his past clients. If you have been injured at work, then call 718-329-9500 to set up a free in-person initial consultation. Visit www.MyNewYorkCityLawyer.com to learn more about the attorney.