Understanding Workers’ Comp Vs. Personal Injury Claims In Construction Accidents

Getting hurt at a construction site can leave you reeling. In an instant, your whole world turns upside down. You’re coping with injuries, medical bills, lost wages from missed work, and potential long-term impacts on your health and livelihood.

Thankfully, you have two potential paths to get compensation and support after an accident: personal injury or workers’ compensation claims. The key is understanding those options so you can make an informed decision. Learn more about how each works in construction accidents and which is best for your situation.

How Do Personal Injury Claims Work In Construction Accidents?

A personal injury lawsuit is when you sue whoever was responsible because their negligence caused your injuries at work. These claims target third parties—like another subcontractor on-site whose actions led to your incident.

If you win, the negligent party pays you monetary damages that will cover the following:

• Lost wages for any work you miss
• Medical bills
• Punitive damages
• Pain and suffering
• Loss of enjoyment

Understanding Workers’ Comp Claims

Workers’ compensation is an insurance system that benefits those hurt on the job. Unlike personal injury suits, workers’ comp is no-fault. You’ll receive benefits regardless of who caused the accident, and your employer carries the insurance and pays the premiums. So, if you’re injured at work, the system is there to help you while you recover.

The main benefits include:

• Coverage of all reasonable medical treatment
• Partial lost income replacement while you’re in recovery
• Potential job retraining if you can’t return to construction

A major plus with workers’ comp is that it can provide faster help with medical and income stabilization. Quick treatment access is crucial for severe construction injuries. However, your benefits will be capped, and you won’t be allowed to sue your employer for further compensation in the future.

Deciding Between Workers’ Comp and Personal Injury Claims

After an accident, how do you choose between filing for workers’ comp vs. pursuing a personal injury lawsuit?

There are three important questions you should ask yourself before filing a claim:

Who Caused The Accident?

If it was your employer, workers’ comp is likely your only option, and you can’t sue them in most cases. However, if someone else’s negligence caused your injuries, a personal injury case may be an alternative.

How Severe Are Your Injuries?

Workers’ comp may sufficiently cover costs for relatively minor injuries while you recover. However, a personal injury lawsuit may help you win a higher settlement if you suffer from significant injuries with substantial losses.

How Strong Is The Proof Of Negligence?

A personal injury case could succeed in court if you can prove the other party was negligent and caused your injuries. But if the link isn’t strong enough, workers’ comp is the safer option. Each situation is unique, so consulting with a personal injury lawyer is the best way to assess your case and take the following steps.

Our Lawyers Will Guide You Through The Process

If you need clarification on which claim would suit your situation, our experienced New York accident lawyers are here to help. For decades, we’ve helped many clients navigate their workers’ comp and personal injury cases and get the compensation they deserve. Please contact us at 855-813-3344 for a free consultation today.