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Workers’ Compensation vs Personal Injury Claims

There’s a difference between workers’ compensation and traditional personal injury cases, or what we call third-party cases, meaning someone other than your employer is responsible. So with a workers’ compensation case, you cannot sue your employer in New York State, right? There’s very few exceptions. You really just cannot sue your employer for the most part in New York State. Now, you can file a workers’ compensation claim with them and they’ll pay for your wages, your medical treatment. Sometimes you can even get a settlement through workers’ compensation if you’re deemed to have permanent disability as a result of the accident. But then there’s the personal injury case, and this would be a case against someone other than your employer. So, say you were working on a construction site for your employer and another contractor drops something from a height on your head and injures you. You would then have a third-party personal injury case against that other contractor and potentially even the property owner. And you would have a workers’ compensation case against your employer.

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