Surprisingly, most injured workers do not know that the Workers’ Compensation Board is not the only place an injured worker can turn for compensation after a debilitating injury. Their employers are not likely to voluntarily divulge this information either. In fact the little-known secret in our business is that the multi-million dollar settlements and jury verdicts you see on subway ads and on TV are not from worker’s comp claims, they are from the lawsuits we bring directly against other entities which played some part in causing your injury.
Workers’ Compensation prevents a worker from bringing a claim only against his own employer, but that does not mean that the worker cannot put in a multi-million dollar claim against these other entities for such on-the-job injury.
Workers’ Compensation does not block you from starting a lawsuit against any other company. For example, if you work on the subway tracks in NYC and a subway train cuts off your leg, you cannot sue MTA (your employer), but you can sue, for instance, the brake manufacturer, or the subcontractor that is responsible for making sure the color of the light (red, no; green, go) was proper. Obviously, the conductor may have seen a green light while you were on the tunnel’s subway tracks that should have been red.
At no initial cost to you, our construction accident and subway accident New York City lawyers will investigate your injury. They will determine whether any negligence was caused by a third party (not the worker’s employer). A third party may include the following: the general contractor, the other subcontractors, the building owner, the crane lift company, the scaffold manufacturer– anybody else who contributed to the injury. Determining whether your injury was caused by a third party can be tricky due to the complexity of the applicable New York legal rules.
Feel free to contact the Diefenbach law firm and work with an attorney to determine if your Workers’ Compensation claim is your only source of compensation. An award for workplace injury can mean a big difference for your family’s future.