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Justice In Your Favor

Is a legal claim possible when claiming workers’ compensation?

| Jan 8, 2020 | Workers' Compensation |

Workers in the neighborhoods of New York City, or the Rockland County suburbs for that matter, may get hurt in a car accident or some other accident that is not the responsibility of either the worker or the worker’s employer. For instance, if someone is driving for her employer while on the clock and gets hit by a negligent driver, she may have a valid legal claim against the driver. Nevertheless, because she was on the clock and doing work for her employer, she also likely has a viable workers’ compensation claim.

The good news is that a person can file a claim for workers’ compensation benefits. Whether doing so is the best choice depends on individual circumstances, but filing a workers’ compensation claim frequently is a good means of making sure that injured workers can promptly receive medical care and some compensation for lost income.

Since workers’ compensation only protects an employer from the employee’s other legal claims, an injured worker may be able to continue to pursue a legal action against whomever is responsible for the injuries. However, the caveat is that the insurance company, employer or other organization which paid for the workers’ compensation benefits has a lien on the worker’s lawsuit to cover all workers’ compensation benefits paid. So, if a worker sues and recovers compensation, the worker will first need to pay back the workers’ compensation benefits received because of the workplace injury. The worker may be able to keep anything over and above the benefits paid.

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