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Do I Have A Personal Injury Claim If I’m Injured At Work?

Were you injured at work at no fault of your own and are now facing medical bills for treatment of your injury? Has your injury rendered you unable to work? Are you wondering if you can file a personal injury claim to obtain monetary compensation for your losses?

We’d like to go over, first and foremost, what to do if you’re injured at work in order to receive worker’s compensation for medical bills and lost wages associated with your injury.

What Should I Do If I’m Injured At Work?

Firstly, it’s imperative that you report your injury to your employer as quickly as possible to protect your right to workers’ compensation. Next, you should file a claim with the workers’ compensation court or industrial court in New York. The court and your employer’s insurance company will then have notice of your injury.

What Are My Legal Rights?

  • If your injury or illness leaves you unable to work, temporarily or permanently, you have the right to some sort of disability compensation.
  • If you disagree with any decision made by your employer, their insurance company, or the workers’ compensation court, you have the right to appeal that decision.
  • You have the right to be represented by a lawyer throughout the entire process.
  • Your employer may encourage you to use your own health insurance to cover your medical bills as opposed to workers’ compensation. You have the right to say no.

Your employer may also try to incentivize you in hopes that you won’t file a claim for workers’ compensation. They may even try to bribe you. This is illegal, but not uncommon. You have the right to say no.

It’s also illegal for your employer to make you fear any sort of reprisal for filing a claim with workers’ compensation, and that is also illegal. If your employer intentionally makes it difficult for you to exercise these rights, they can face severe penalties.

Do I Have The Right File A Personal Injury Lawsuit?

You are generally barred from suing your own employer. However, when a third party’s negligence (not your employer’s) causes your injury, you may be able to bring a lawsuit against them. For example, if you are injured by a faulty piece of equipment manufactured by a company other than your employer, you can file a lawsuit against that company in order to obtain monetary compensation for your losses. Workers’ compensation will cover medical expenses and lost wages (economic damages), but will not pay for your pain and suffering (non-economic damages). In a personal injury lawsuit, you can seek non-economic damages in addition to economic damages.

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