Coordinating Workers’ Compensation and Third-Party Claims in Construction Accidents

With roughly 20% of workplace deaths happening in the construction industry, it’s safe to say it’s one of the deadliest careers to work in. You encounter dozens of safety hazards each day that could put life at risk. And while New York’s workers’ compensation system covers medical bills and partial wages, it may not make up for everything you’ve lost.

This is where filing a third-party lawsuit on top of a workers’ comp claim makes sense. It gives you the opportunity to pursue what your case is truly worth. Learn more about how these two work together and how they make a difference in how much you receive after your construction accident.

How NY’s Workers’ Comp Works After a Construction Accident

Accidents in the construction industry work largely the same as other accidents. New York requires all employers to carry insurance and provides benefits regardless of who’s at fault. Once the paperwork goes through, you’ll be eligible for lost wages, medical bills, and survivor benefits.

Unfortunately, workers’ comp benefits have their limits. They won’t cover emotional damages or fully supplement your lost income. It also doesn’t hold anyone at fault, which means any responsible party could get away with what happened.

What Is a Third-Party Claim?

A third-party claim is an additional action you file against someone else who was responsible for your accident. This person could be the contractor, property owner, or equipment manufacturer.

In construction sites, many companies work together on a project. So if you get hurt, there’s a chance that more than one person was legally responsible.

The expanded liability allows you to pursue additional damages, such as:

• Pain and suffering
• Full lost wages
• Loss of enjoyment of life
• Emotional distress
• Permanent disability or disfigurement
• Reduced quality of life

Construction accidents are notorious for causing serious injuries that workers may never recover from. This is why pursuing a third-party claim and workers’ comp simultaneously ensures you receive the compensation you deserve.

How Workers’ Comp and Third-Party Claims Work Together

While workers’ comp and third-party claims are separate cases, you can file them at the same time. Most injured workers can receive immediate medical treatment and a portion of their wages first while their other case is being processed. You’ll also receive a higher settlement package than just workers’ comp alone.

However, these two claims could overlap in some construction accident claims. If you later recover money through a third-party lawsuit, your employer’s insurance might file a lien against you. This makes you responsible for repaying some of the benefits they already provided. You won’t necessarily lose benefits, but you’ll need to plan carefully to maximize what you receive.

Don’t Leave Compensation On The Table

Construction accidents can become complicated when multiple parties and serious injuries are involved. That being said, don’t leave money on the table. Filing a third-party claim and workers’ comp claim ensures you fully recover damages. Our attorneys can evaluate your case and help you take the next steps. Contact us online or at 855-367-0135 to schedule a free consultation with us today.