Injured Workers Can Often File Both
When a worker is injured on a construction site job, eligibility for a Third Party Negligence Suit and a Worker’s Compensation Claim are frequently both available.
A Third Party Suit means the negligent party is other than his/her employer; therefore can be sued provided the lawsuit is filed within three years of the accident date. Shorter filing time periods apply, if a Government at any level, is the named Defendant.
A Worker’s Compensation Claim is always available to any injured worker, if the accident occurred in a workplace setting, while the worker was performing assigned tasks. A very key distinction in the Worker’s Compensation Program is that no requirement exists to prove negligence by any person or entity in the Claim. The Worker’s Compensation Application must be sent in writing to the Employer within thirty days of the accident date, or within thirty days from a death occurring from the workplace. Currently, the maximum weekly WC Award total $964.
Our Firm practices in both of these areas and you may direct questions, at any time, to us at: (212) 970-6500.