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Do workers' compensation claims prevent third-party lawsuits?

Workers’ compensation laws were enacted to protect you in the event of a workplace injury accident. Instead of having to pay medical expenses out of your own pocket and sue your employer for reimbursement and for lost wages, states came up with a better system.

A worker in New City who suffers a repetitive stress injury or who is a work accident victim may now file a claim for workers’ compensation benefits instead of having to sue an employer. Benefits payable to or on behalf a worker include medical expenses, full or partial disability compensation, and lost wages. 

Although workers injured in a construction site accident or in another type of workplace accident do not have the right to sue their employers, workers injured on the job might still have the right to sue third parties. For example, a worker injured on the job by a delivery truck operated by a company other than the one for which a worker is employed, may have the right to sue the owner and driver of the truck for damages.

The workplace injury accident would allow the worker to file a claim for workers’ compensation benefits. It would also allow the injured worker the right to file a lawsuit against a responsible party except for his or her employer.

Workers’ compensation laws in New York can be complicated when it comes to third-party claims. A worker who successfully sues for damages might have to use the settlement or award to repay some of the workers’ compensation benefits that were received.

This post is intended to provide information, but it is not legal advice and should not be relied upon as such. Legal advice about a workplace accident injury should only be obtained from a personal injury attorney.


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