Tens of thousands of New Yorkers get hurt on the job each year at construction sites, industrial plants, and every conceivable work setting. These injuries can range in severity from relatively minor soft tissue injuries to life-altering head and back injuries. Injured workers are entitled to benefits through New York’s workers’ compensation program. However, if another party caused or contributed to the accident that injured you, you may be entitled to additional compensation through a third-party claim.
If you suffered an injury at work, a Bronx work injury lawyer from Oresky & Associates, PLLC can prepare your claim and fight for the compensation and accountability you deserve. Contact us today for a free, no-obligation initial consultation to discuss your case with an experienced workplace injury attorney. Your case evaluation is fully confidential, and you pay nothing unless we successfully resolve your matter. Hablamos español.
Why Should I Hire a Bronx Attorney for My Workplace Accident Claim?
Exploring your legal options after a Bronx workplace injury can be a time- and labor-intensive process, and when you’re trying to focus on healing, your time and resources may be extremely limited. Trusting a knowledgeable workplace injury attorney from Oresky & Associates, PLLC can give you the peace of mind that comes with knowing a highly experienced legal professional is managing your claim.
Our law firm has over 30 years of experience handling New York work injury claims. We’ve recovered over $500 million for injured workers across the five boroughs, and they’ve left hundreds of positive reviews about their experiences. When you trust us with your claim, you can expect to be treated like family. We’ll listen to your story, understand your concerns, offer informed guidance, and communicate at every stage of your case. Oresky & Associates, PLLC will always put your needs first.
Reach out to us today. Your case review is free and fully confidential.
How Do Third-Party Liability Claims and Workers’ Comp Claims Differ?
As you begin learning about your rights after a work accident, you may find yourself wondering, “What’s the difference between workers’ compensation and third-party claims?” “Can I sue my employer for a work injury?”
New York’s workers’ compensation system provides a safety net for employees hurt on the job by offering essential benefits without requiring proof of fault. These benefits are designed to cover immediate financial and medical needs following a workplace injury.
Workers’ compensation benefits may include the following:
- Payment for all reasonable and necessary medical treatment related to the injury
- Two-thirds of lost wages during the recovery period
- Disability benefits for temporary or permanent impairment
- Vocational rehabilitation services to help an injured worker return to employment
A Bronx employer’s insurer will provide benefits without an injured worker having to prove anyone was negligent, and in return, the employer is freed from direct liability, which means the worker usually can’t sue them.
However, in some cases, a third party — such as a property owner or subcontractor — may share responsibility for a workplace injury. A third-party claim against those other entities can allow recovery for losses not covered under workers’ compensation, including the following:
- Full lost wages and future earning capacity
- Pain and suffering
- Loss of consortium
- Diminished quality and enjoyment of life
You may wonder, “Can I file a third-party claim while receiving workers’ compensation?” The answer is yes. Oresky & Associates, PLLC investigates every potential source of compensation. When applicable, we’ll help you to pursue both workers’ comp benefits and third-party claims to maximize your financial recovery.
Who Could Be Held Liable for My Workplace Injuries?
In the context of a workplace injury, a third party is anyone other than your employer or a co-worker whose negligence contributed to your accident. The workers’ comp system does not cover these individuals or entities, which means they can be held responsible through a personal injury lawsuit for causing you harm.
Potentially liable third parties may include the following:
- Property owners
- General contractors or subcontractors on construction sites
- Certain agents of property owners
- Maintenance or cleaning companies
- Architects or engineers responsible for unsafe designs
