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Worker’s Compensation Case as Opposed to a Personal Injury Claim

Jan 2, 2016 | Personal Injury, Personal Injury FAQs, Workers' Compensation

In a personal injury case, the party “at fault” must be established for the case to go forward. However, in a worker’s compensation case, no “fault” is required, but the affected worker is granted legal claims to compensation under specific conditions. Worker’s compensation claims are automatic entitlements, regardless of whether any party was at fault.

Uniqueness of worker’s compensation cases: workers cannot sue the employer or co-workers

Worker’s compensation claims are automatic entitlements, regardless of whether any party was at fault

Worker’s compensation claims are automatic entitlements, regardless of whether any party was at fault.

Laws relating to workers’ compensation ensures that workers injured while on duty are entitled to some financial and medical benefits, but they cannot sue their employers and co-workers for any type of negligence or misconduct causing damages. The workers exempted from this law are vessel or ship crew members and railroad workers.

If any crew member of any small, medium, or large vessel is injured on duty, a federal law called the Jones Act empowers the affected employee to sue the employer for damages and suffering. On the other hand, the interstate railroad workers are empowered by another federal law, known as the Federal Employers Liability Act or FELA to sue the employer for damages and physical pain caused while on duty.

Compensation in personal injury claims vs. compensation for worker’s claims

The most striking difference between the nature of compensation in a personal injury case and that of a worker’s compensation case is that personal injury claims grants compensation for all types of pain and suffering caused to the victim, whether direct or indirect. In worker’s compensation cases, workers are not entitled to any benefit for resulting pain and suffering. Thus, in a worker’s compensation case, entitlements are limited weekly allowances, medical expenses, disability benefits, and training expenses for rehabilitation.

Available legal resources for NY workers

If physical disability or medical conditions caused on duty prevent you from working and earning, then a law firm such as RMFW Law at 212 697 9280 can help you to recover medical expenses and lost earnings. Workers compensation benefits are not enough. In addition, lawyers can explore the possibility of a personal injury lawsuit in the Supreme Court. This type of lawsuit is considered a “third-party” lawsuit, usually not permitted under worker’s compensation laws in the state of New York.

What types of compensation are workers entitled to?

The workers’ compensation laws are designed to protect workers against occupational injuries, or illnesses. These laws provide benefits to injured workers—regardless of who is responsible for the injury. The only thing that an affected worker has to prove is that the injury happened while performing the job in order to claims benefits. Many times, the workers do not understand these laws by themselves and need the help of legal professionals to receive the full benefits.

The best law firm in NYC

If you are a worker injured while on duty, then you may want to consult a personal injury law firm like Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. The best part of this legal team is that they will provide an initial consultation to evaluate the strength of your compensation claims at no cost to you.

We have won more cases in the past two years than the New York Knicks have won basketball games but that is not saying much, we know. The Knicks would love to have our winning percentage. The thing is, we have a strong winning percentage every year. No sports team can claim that! If you want to hire a winner, give us a call and let’s discuss your situation.