When is a Workers’ Compensation Claim Also Personal Injury?

Before the pandemic, the average person spent the majority of their time awake at work rather than at home. As things are returning to some semblance of normalcy and more people are returning to their offices/places of work, injuries in the workplace are bound to increase in likelihood.

For someone who’s never filed a Workers’ Compensation claim, it can be confusing. A Workers’ Compensation claim can be filed as a result of an accident that takes place at work – even if you are the one at fault.  Contrary to what you might expect, the employer is not liable in this situation; they simply have Workers’ Compensation insurance in the event that one of their workers becomes injured on the job and cannot work. That way all your medical expenses are covered. You’re only expected to provide proof that you were injured at work, during work hours.

However, you may not have guessed that a Personal Injury claim can also be filed at the same time – depending upon the situation. In some circumstances, an injury at work can result from someone else being at fault. That’s where Personal Injury comes in. Personal Injury is a case where negligence is at play – whether it’s negligence as the direct result of someone else’s actions or a product that’s defective in some way. An Uber driver that gets into an accident with another vehicle while making a trip on the job. A UPS driver delivering a package and getting injured by a dog – or even a cat. Someone getting injured by a malfunctioning machine they operate at work. These are all potential situations where both Workers’ Comp and Personal Injury are applicable.

But why would you want to file for both? It seems like a hassle to have to file for two different claims, and each can individually cover the cost of treatment on their own. However, it is fairly simple.

When you file for Workers’ Comp, you’re not getting your full paycheck – rather you are getting a portion of the paycheck you would have made if you were still working. In addition, the person who filed may be too injured to work in the same capacity as before – if at all. Especially in New York, even a small decrease in a person’s paycheck can make life difficult. That’s one way in which recognizing whether or not your case is also Personal Injury is essential. Filing a Personal Injury claim can make up for any pay you’re losing during the Workers’ Compensation claim.

If you, or a loved one, suspect your Workers’ Compensation case is also Personal Injury, please contact The Licatesi Law Group LLP at (516) 227-2662 and we would be more than happy to provide a free consultation.