In a workers’ compensation case, you are entitled to benefits for your injury, regardless of who is at fault. As a result, you cannot bring a personal injury claim against your employer for your on-the-job injuries.
But what if your injury was caused by a third party? In these cases, you may be able to bring a claim against that party and receive benefits above and beyond what you receive through workers’ compensation.
To ensure that you receive maximum benefits, however, you should work with a lawyer with experience handling both workers’ compensation cases and personal injury claims. At Angiuli & Gentile, LLP, we have that experience. We have successfully handled more than 25,000 workers’ compensation hearings. For more than 30 years from our office in Staten Island, our attorneys have represented injured individuals and employees. We can help you with every aspect of your claim, and we will work diligently to secure full compensation for your injuries through every available avenue.
What Compensation Can I Get in a Third-Party Claim?
Workers’ comp benefits include compensation to help you cover medical expenses and a portion of your lost wages. If your injuries were caused by someone other than your employer or a co-worker, it may be possible to secure additional compensation to help you cover the full cost of your lost wages as well as damages for your pain and suffering.
Coordinating Your Claims
Workers’ comp benefits are paid out by your employer’s workers’ compensation insurer. A third-party claim will be handled through the court as a personal injury claim. As a result of these two separate avenues, the cases may overlap. If you secure compensation in your third-party claim that overlaps with your workers’ comp benefits, the workers’ comp insurer may seek portion of your compensation. For this reason, it is vital that you work with an attorney who understands both areas of law and who can coordinate your claims.