For the vast majority of people hurt on the job in New York, workers’ compensation benefits will suffice. They can apply for disability benefits while they are off of work or on restricted duty because of their injuries, and they won’t have to pay out of pocket for their treatments thanks to workers’ compensation benefits.
However, people in highly-paid professions like construction and those facing a long-term change in their income because of their job-related injuries may suffer because of the gap between their actual losses and what workers’ compensation covers may potentially have grounds to file a third-party lawsuit related to their injury.
Workers’ compensation insurance protects employers from injury-related lawsuits in all but the most extreme cases, but it leaves the door open to claims against outside parties. When could an injured worker potentially sue someone other than their employer for their job injury?
After violence in the workplace
If a customer became violent when they couldn’t obtain a refund and caused a brain injury when they punched you or if you ended up injured by a weapon in an attempted robbery, you could file a personal injury claim against the parties that broke the law and caused you harm. Illegal activity is one of the many behaviors that can lead to a personal injury lawsuit under New York law.
After a car crash on the job
If you ever have to drive as part of your job responsibilities, then you are potentially at risk of experiencing a car wreck while on the clock. In addition to potentially having grounds for an insurance claim, you may be able to pursue a personal injury lawsuit if insurance is still insufficient for your needs.
After a tool or machine malfunctions
When there is an issue with poor manufacturing practices causing products to fail in the workplace or when a defective machinery design results in a preventable worker injury, there may be grounds for a lawsuit against the business involved. Companies that turn out defective products, whether due to manufacturing or design flaws, may be subject to liability claims when people get hurt as a result.
Looking into all compensation options will be the best protection for someone recently hurt at work in New York.