Most people realize that they have the right to workers’ compensation when they get hurt on the job. Their employer carries insurance for this very purpose, so the worker gets a payout that can help them with their medical bills and lost wages. Sometimes the workplace is not the only contributor to a workplace accident though. In cases like these, a New York work injury lawyer might tell you that filing a third-party personal injury claim is a wise idea.
When Should You File a Third-Party Personal Injury Claim?
You can file a third-party personal injury claim when you think that another party helped cause your accident and your injuries. Some good examples of scenarios in which a third-party claim can be helpful include:
- You were driving for a work assignment when you are struck by another vehicle. That driver can be sued for damages.
- You were hurt on a work site, but it was due to a defective product. That manufacturer can be sued.
- You are hurt in your office building because you fell on a damaged stairway. The landlord of the building may be responsible.
Can I Win Non-Economic Damages With a Third-Party Injury Claim?
Workers’ compensation is meant to pay for the economic costs of an accident, like the cost of your medical care after an injury. These payments do not include non-economic damages. When you make a third-party injury claim, you can sue for non-economic damages.
This can allow you to secure more compensation. You can now push for your settlement to cover things like mental anguish, psychological trauma, and any other pain and suffering.
How Long Do I Have to File My Claim?
New York gives you three years to sue after suffering injuries in an accident. Wait any longer and your case is just going to get thrown out if you try to sue. This can seem like a long time, but we recommend acting as soon as you can. Get the medical care you need and then contact a lawyer right away.
The earlier you begin the legal process, the easier it can be for your lawyer to build a case. Evidence like surveillance footage can get overwritten. The memories of witnesses can begin to fade away. Pursuing legal action as soon as you can after your accident can allow you to build the strongest possible case.
Can a Lawyer Help Me With Both of My Claims?
A lawyer can help you navigate the workers’ compensation process and they can help you file a third-party personal injury claim. Your lawyer can also handle all communications on your behalf and keep you updated on your case. You can go it alone when you sue for damages, but having a dedicated advocate on your side, helping you fight for compensation, could potentially make a big difference.
Contact Our Law Firm Today
If you have been injured at work, contact Zlotolow & Associates. We can tell you more about your options and help you fight for the compensation that you and your family deserve.
