While many work injury claims are fairly straightforward, others can become complex – particularly when a third party is involved. In this situation, when your accident involves both workers’ compensation and personal injury/negligence, it is important to coordinate your claims for compensation to get the best result. At The Klein Law Group, P.C., we have extensive experience working with personal injury attorneys to develop global settlements that serve the best interests of injured workers like you.
Third-Party Injury Claims
Under New York law, injured workers are not allowed to sue their employers except under rare circumstances, even if the employer’s negligence directly caused the injury. This is because the employer’s workers’ compensation insurance is intended to compensate employees without litigation. However, sometimes someone else contributes to the injury – such as a construction contractor or subcontractor, or a company installing or maintaining an elevator, or the driver of a motor vehicle.
That person is called a “third party,” and it is sometimes possible to pursue a personal injury lawsuit against a negligent third party while also collecting workers’ compensation benefits. However, it is important to do this properly because the way you handle one claim can seriously affect the other. If handled correctly, you can actually recover more compensation with both cases than with only one case.
The Global Settlement
For example, if you accept a personal injury settlement for your third-party claim, you may be required to pay back the workers’ compensation insurer 2/3 of what it has paid you in workers’ comp benefits. However, it is often possible to negotiate that amount.
At The Klein Law Group, P.C., we frequently work with New York’s top personal injury attorneys to coordinate settlements that put more money back in the pockets of our clients. These agreements are called “global settlements” because they resolve both the workers’ compensation and aspects of personal injury claims at once.
Put Our Experience To Work For You. Get A Free Consultation.
Our founding partner, David Klein, has taught hundreds of classes about the connection between workers’ compensation and personal injury claims. To find out how our firm’s experience can help you and your family get the compensation you deserve, please contact us for a free consultation. You may reach us at 917-639-5350 or 877-390-8732 toll free.